United India Insurance Company Ltd. vs Rajesh and Others

K.K. Lahoti, J.—There is delay of 32 days in filing the present appeal. In this regard, the appellant has moved an application u/s 5, Limitation Act. This matter arising out of Motor Accident Claims Tribunal, Barwani in Claim Case No. 247/2005, in which the Claims Tribunal has awarded Rs. 3,43,000 along with interest to the claimant. From the award of Claims Tribunal it appears that the appellant has suffered grievous injury resulting amputation of left hand apart from other grievous injuries. Claims Tribunal after considering entire evidence has awarded Rs. 3,43,000 to the claimant.

This appeal has been filed only on the ground that Rajesh was travelling in a loading tempo and he was gratuitous passenger, but the Claims Tribunal has found that he was cleaner of the tempo and was travelling in the same capacity in the tempo. The aforesaid finding has been assailed by the appellant, but there is no material infirmity in the impugned order to reverse the aforesaid finding.

This appeal has been filed beyond 32 days of limitation. In the application filed u/s 5, Limitation Act, no cogent reason has been assigned. The reason which is stated in the application is that in the official process, the limitation expired. But in absence of any documentary evidence and material on record, the aforesaid contention cannot be accepted. The aforesaid application is without merit, accordingly it is dismissed. Consequently this appeal is also dismissed as barred by limitation. No order as to costs.