Nazeer Ahmed vs Abdul Rauf and another

B. Manohar, J. - Appellant is the claimant, being not satisfied with the quantum of compensation awarded in judgment and award dated 10-9-2012 made in MVC No. 1264/ 2012 passed by the MACT-XII, Bijapur, has filed this appeal.

There is inordinate delay of 1004 days in filing the appeal. I. A. No.1/2015 has been filed for condonation of delay of 1004 days in filing the appeal.

The first appellant has filed an affidavit in support of the application. In paragraph Nos. 3 and 4 of the affidavit, the delay has been explained, which reads as under :-

"I have state that even though the impugned judgment and award was passed on 10-9-2012. I could not prefer the said appeal within stipulate time of limitation due to financial difficulties and poverty.

I state that, I was running Kiran Shop Business due to this accident I have suffered physically as well as mentally. I have not concentrate my work due to this accident. I have faced lot of hardship and inconvenience. As such with a great difficulty by approaching some well wishers of the family by taking the hand loans from them. I have arranged the expenses for filing the said appeal. I have unaware of the legal proceeding.

Recently I came to know about the said appeal provision from my advocate at Bijapur. Under bona fide circumstances mentioned above, some delay has been caused which deserves to be condone otherwise I will put into great hardship and irreparable loss. On the other hand, no loss would be caused to the respondents if the delay is condone. There is delay of 1004 days in filing the above appeal. The Hon�ble Court may be condone the delay of 1004 days in filing the appeal. In the interest of justice and equity".

The reasons assigned in paragraph ^Jos.3 and 4 of the affidavit do not constitute sufficient grounds to condone the inordinate delay of 1004 days. The Tribunal has awarded the compensation of Rs. 3,15,900/-towards the injuries sustained in the road traffic accident occurred on 16-1-2012 with interest at 6% p.a. Though the appellant is not an illiterate person and he himself admits that he was running Kirana Shop. Even on merit, for the injury sustained in the road traffic accident occurred on 16-1-2012, the disability taken by the Tribunal to an extent of 1% is just and fair. Though the claimant is aged about 67 years, taking into consideration the income of the claimant as Rs. 3,000/- per month applying the multiplier 7 has awarded total compensation of Rs. 3,15,900/-. The compensation awarded by the Tribunal is also in accordance with law. Even on merits also the appellant has not made out a case. Accordingly, I. A. No. 1/2015 is dismissed. Consequently, the appeal is also dismissed on the ground of delay and laches.