The North West Karnataka Road Transport Corporation by its Managing Director Vs. Smt. Malakayya
EmailAppeal: Civil Appeal No. 2752 of 2000
(Arising out of S.L.P. (C) No. 12770 of 1999)
(Arising out of S.L.P. (C) No. 12770 of 1999)
Petitioner: The North West Karnataka Road Transport Corporation by its Managing Director
Respondent: Smt. Malakayya
Apeal: Civil Appeal No. 2752 of 2000
(Arising out of S.L.P. (C) No. 12770 of 1999)
(Arising out of S.L.P. (C) No. 12770 of 1999)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Apr 20, 2000
Head Note:
MOTOR VEHICLES/PRACTICE AND PROCEDURE
Motor Vehicles Act, 1988
Delay in appeal – Delay of 80 days – Award of Rs. 1,89,000 – No condo-nation allowed by High Court. Held that on conspectus of case and stake involved, delay should
have been condoned. Appeal allowed.
(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. The impugned order is only one of rejecting an appeal as a consequence of refusal to condone delay of 80 days in filing the appeal before the High Court. The appeal was filed against an Award passed by the Motor Accident Claims Tribunal awarding a sum of Rs.1,89,000/- , as compensation for the frac-ture found on the wrist of the injured. Though there was delay of 80 days, we are of the opinion that the High Court should have condoned the delay involved having consideration of the conspec-tus of the case and the stake involved. We, therefore, condone the delay of 80 days and as a corollary we set aside the impugned judgment. We direct the Registrar of the High Court to board the appeal for hearing when it becomes ripe for hearing. The High Court will dispose of the appeal in accordance with law. Until the appeal is disposed of the interim direction we passed on 13.9.1999 will continue regarding disbursement of the amount.
3. This appeal is disposed of accordingly.
1. Leave granted.
2. The impugned order is only one of rejecting an appeal as a consequence of refusal to condone delay of 80 days in filing the appeal before the High Court. The appeal was filed against an Award passed by the Motor Accident Claims Tribunal awarding a sum of Rs.1,89,000/- , as compensation for the frac-ture found on the wrist of the injured. Though there was delay of 80 days, we are of the opinion that the High Court should have condoned the delay involved having consideration of the conspec-tus of the case and the stake involved. We, therefore, condone the delay of 80 days and as a corollary we set aside the impugned judgment. We direct the Registrar of the High Court to board the appeal for hearing when it becomes ripe for hearing. The High Court will dispose of the appeal in accordance with law. Until the appeal is disposed of the interim direction we passed on 13.9.1999 will continue regarding disbursement of the amount.
3. This appeal is disposed of accordingly.
