AI Structured Summary
Not yet generated for this judgment
Judgment
N. Venkatachala, J.—Under the award in appeal, respondent-1, who had suffered 90% of permanent disability of his right leg with advanced stage of Ostio Orthoparities and hospitalised for over six months, on account of injuries sustained by mim in an accident caused by a motor vehicle belonging to appellant-1 (insurer) and insured with appellant 2 (insured), has been awarded compensation of Rs. 40,000/- towards general damages and certain other amounts towards medical expenses, etc.
The insurer has filed this appeal against the said award alongwith the insured as the appeal would be unmaintainable at the instance of the insurer alone. As there is a delay of 90 days in filing the appeal, an application, I.A.I, u/s 5 of the Limitation Act is filed seeking condonation of such delay. In support of the application, an affidavit sworn to by the Assistant Divisional Manager of the insurer is filed. That affidavit shows how delays occurred in the office of the insurer in processing the papers. There is nothing indicated in the affidavit as to why there was delay on the part of the insured in filing the appeal. The reasons given for the condonation of delay on behalf of the insurer cannot accrue to the benefit of the insured, without whom the appeal would have been unmaintainable. In our view, the reasons given in the affidavit in support of the application for condonation of delay cannot constitute sufficient cause for condonation of the inordinate delay of 90 days which has occurred in filing the appeal.
Hence, we reject I.A.I and consequently, reject the appeal also as barred by time.