Babu Lal & Anr. vs Pancha Ram & Ors.

This civil misc. appeal has been preferred on behalf of the appellant being aggrieved with the judgment and award dated 7.5.1998 passed by the MACT, Jalore (for short ''the tribunal'') in Civil Misc. (MAC) Case No.45/1991.

The tribunal vide impugned judgment has fastened liability of payment of compensation of Rs.2,54,000/- along with interest at the rate of 12% from the date of filing of claim petition upon the appellant and the respondent Nos.5 and 6 jointly and severely.

The present appeal is barred by 6139 days and application under Section 5 of the Limitation Act has been filed with a prayer for condoning the said delay. The office has pointed out as many as seven other defects on 4.6.2015, however, the said defects have not been cured till date.

In the application under Section 5 of the Limitation Act, the appellant has claimed the proceedings of the claim petition filed by the claimants proceeded at the back of the appellant as the appellant was in Gujarat for employment and the notices were not served upon him.

It is noticed that in the judgment and award, it is specifically observed that despite service of summons of the claim petition upon the appellant, he has not appeared before the tribunal, hence, ex parte proceedings were initiated against him. Along with the application under Section 5 of the Limitation Act, the appellant has failed to produce any documentary evidence to prove his claim that the summons of the claim petition have not been served upon him.

After going through the averments made in the application under Section 5 of the Limitation Act, this Court is of the opinion that the delay of 6139 days has not satisfactorily been explained by the appellant. Apart from that, the other defects pointed out by the office way back on 4.6.2015 have also not been removed till date.

In view of the above discussion, the application under Section 5 of the Limitation Act is dismissed. Consequently, this civil misc. appeal is also dismissed.