- (1.) This is an application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay in filing appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988"), which is reported to be barred by limitation by 8 years 44 days. The appeal is directed against judgment and award dated 24.10.2009 passed by Sri Ram Kailash, Motor Accident Claim Tribunal/Additional District Judge, Room No. 12, Allahabad in Motor Accident Claim Petition No. 649 of 1999.
(2.) Heard learned counsel for applicant-appellant and perused the record.
(3.) The explanation furnished in the affidavit filed in support of this application is that appellant is an illiterate lady and though was pursuing the case in Tribunal but her counsel did not suggest for filing appeal before this Court. How and in what circumstances appeal has been filed after such a long period has not been explained at all in the entire affidavit supporting the application.;