Rakesh Kumar Garg, J. - (1.) AS per the averments made in the claim application one Amarjit Kaur, mother of the appellant died in a road accident allegedly caused by respondent No. 1 while driving rashly and negligently offending vehicle i.e. motor cycle No. HR02U -4612 insured by respondent No. 3.
(2.) THE claim application was dismissed by the Tribunal holding that the appellant has failed to prove the accident in question. Challenging the aforesaid award of the Tribunal, the instant appeal has been filed. However, it may be noticed that there is a delay of 171 days in filing this appeal. In the application i.e. C.M. No. 4069 -CII -2014, it has been stated on behalf of the appellant that he could not file the instant appeal within limitation as counsel for the appellant who was representing him before the Tribunal had not sent him the certified copy of the impugned award after receiving the same and it was only in the 4th week of July, when he contacted his counsel he came to know about the factum of receipt of certified copy by his counsel in the month of December, 2012.
(3.) THERE is nothing on record to support the aforesaid plea of appellant. No affidavit of the counsel representing the appellant before the Tribunal has been filed to support such a plea. Even otherwise, appellant could not show as to how counsel representing the appellant before the Tribunal was under any legal obligation to inform him with regard to receipt of certified copy of the impugned award.;