Kulwant Kaur vs State of Punjab

G.C. Garg, J.—On a claim Petition filed by live claimant-appellant seeking compensation for the death of her son Rachhpal Singh. Claims Tribunal, awarded a compensation of Rs. 1,15,200/- by award dated 14.12.1995. Dissatisfied with the quantum of compensation, she filed the present appeal and since the appeal was filed after the expiry of period of limitation, she also moved Civil Misc. 9064/C II of 1998 seeking condonation of delay of 576 days in filing the appeal.

In response to notice of the applications, respondents 1 and 2 have put in appearance.

It is averred in the application that the appellant filed execution application but the same remained pending for a long time and thus she could not get the amount of compensation. It was further averred that her son Rachhpal Singh was the only earning member in the family and after his death she had no money to engage a counsel for filing the appeal and that as soon as the compensation was paid in execution of the award, the appeal was filed. It was thus prayed that the delay is bona fide and unintentional and deserves to be condoned.

After hearing learned counsel for the parties, we are of the opinion that delay in this case cannot be condoned. As noticed above, there is a delay of 576 days in filing the appeal and the only ground mentioned in the application is that the applicant had no funds to meet the expenses of the appeal and she had filed execution application which remained pending for a long time and she was able to file appeal only after the compensation was paid to her. This ground is neither justifiable nor legally tenable. As a matter of fact, such a ground cannot be accepted in the absence of giving the details about the filing of the execution application and the date of disposal thereof and the date of payment of the amount of compensation etc. If delay is condoned just at the asking and in the absence of showing sufficient cause, every party aggrieved by an order or judgment will approach the Court any time with an allegation that how he/she has been able to arrange money, for filing the appeal and the delay may, therefore, be condoned in filing the appeal and the appeal may be entertained. A person seeking condonation of delay is required to show to the satisfaction of the Court that the delay was caused on account of reasons beyond his control and it was not wilful or deliberate. This is so observed by the apex Court in P.K. Ramachandran vs. State of Kerala and others, Judgment Today, 1997(8) SC 189. In this view of the matter we are of the opinion that the cause shown for this inordinate delay of 576 days in filing the appeal is not justifiable much less sufficient cause. Civil Misc. is, therefore, dismissed and as a result, the appeal is also dismissed.