Delhi Transport Corporation vs Balwanti Devi and Others

B.C. Patel, C.J.

CM No. 4254/2005

Exemption granted subject to just exceptions.

LPA No. 578/2005 and CM Nos. 4252, 4255 and 4256/2005

This appeal is preferred by the appellant, Delhi Transport Corporation. As usual, there is an application for condensation of delay of 106 days in preferring the appeal and even thereafter there is delay of 26 days in refiling the appeal for which another application for condensation has been filed. This is how the proceedings in the Court are taken note of by the appellant. In the application no satisfactory Explanation is rendered so as to see that the Court can say that there is reasonable cause on account of which the delay has occurred.

The appeal is preferred against the order made by the learned single Judge modifying the award made by the Motor Accidents Claims Tribunal whereby amount of compensation was enhanced. It is required to be noted that no Letters Patent Appeal would lie in such proceedings.

This Court had an occasion to consider the decisions of the Apex Court in the case of Salem Advocate Bar Association Vs. Union of India (UOI), and P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and Others, wherein the Apex Court has pointed out that the legislature has provided for a specific exclusion u/s 100 of the Civil Procedure Code. The Court observed that "It must be settled that now by virtue of Section 100 of the Civil Procedure Code, no Letters Patent Appeal would be maintainable." Hence, we find that this appeal cannot be maintained.

The appeal and the applications are accordingly dismissed. Let a copy of this judgment be sent to the Chairman, Delhi Transport Corporation.