- (1.) C M-26885-CII-2009 There is delay of 52 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed.
(2.) The present appeal has been preferred against the award dated 28.02.2009, passed by learned Motor Accidents Claims Tribunal, Bhiwani (hereinafter called the 'Tribunal') vide which the appellant has been awarded a sum of Rs.1,06,000/- as compensation on account of death of his mother Krishna Devi in the motor vehicular accident, which took place on 14.10.2004. The present appeal has been preferred only for enhancement of the amount of compensation.
(3.) Notice of the appeal was issued to respondents No.2, 3, 4 and 7, however, none appeared on their behalf despite service and accordingly they were proceeded against ex parte vide order dated 08.09.2014. The appellant did not seek any relief against respondents No.5 & 6, so their names were ordered to be deleted from the array of respondents vide order dated 08.09.2014. Initially respondent No.1 was put in appearance through Mr. Sanjeev Kumar Advocate, but later on, none has appeared on his behalf and accordingly, respondent No.1 was also proceeded against ex parte vide order dated 20.04.2015.;