Akula Rameshi vs Sri Sohrab And Narain Shanker
2022 Latest Caselaw 6893 Tel

     THE HON'BLE SRI. JUSTICE PULLA KARTHIK

                M.A.C.MA. No.509 of 2020
                              AND
                      I.A.NO.2 OF 2020
                              IN
                     MACMA 509 OF 2020



COMMON JUDGMENT:


      This appeal is filed by the appellants/claimants

challenging the award and decree dated 02.11.2007 in

MVOP No.2219 of 2002 on the file of the Chairman, Motor

Accidents Claims Tribunal-cum-VIII Additional District

Judge, Nizamabad, wherein, the Tribunal had awarded a

compensation amount of Rs.58,125/-, as against the claim

for an amount of Rs.2,00,000/- for the injuries sustained

by the petitioner.


2.    I.A.No.2 of 2020 is filed to condone the delay of 4675

days, in filing the appeal.


3.    The learned counsel for the appellant submitted that

the appellant will forego interest for the delay period.
                                                      PK, J



                            2


4.   The learned counsel for 2nd respondent /Insurance

Company vehemently opposed contending that there is an

inordinate delay in filing of appeal which cannot be

condoned and relied on Judgment of Apex court in Estate

Officer, Haryana Urban Development Authority and

another vs. Gopi Chand Atreja reported in (2019) 4

Supreme Court Cases 612.

5. Though the learned counsel for the appellants

submitted that he has given details of condoning the delay

of 4675 days in filing the appeal, no such day to day delay

or any cogent reason have been stated. Since the appellant

did not explain about the day to day delay in the I.A., the

same is liable to be dismissed in view of the judgment

reported in AIR 2019 SC 1423, MACMA MP No.3413/2017

in MACMA No.1871/2017 for condonation of delay.

6. As there are no proper reasons explaining the

inordinate delay and in view of the decision of the Apex

Court in Gopi Chand Atreja's case referred supra reported

in (2019) 4 Supreme Court Cases 612, the condone delay PK, J

application is dismissed and accordingly, MACMA is

closed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this appeal

shall stand closed.

___________________________ JUSTICE PULLA KARTHIK Date: 26.09.2022 BV