- (1.) HEARD on application filed under Section 5 of Limitation Act by the appellants and carefully perused the contents recorded therein. Learned counsel for the appellants canvassed that the appellant Rajkumari is an uneducated lady and she did not know that the appeal was required to be filed within the stipulated period of limitation. she has six small children, thus has a large family to support. Hence, a liberal view may be taken and the delay of 527 days in filing the appeal may be condoned. Learned counsel for the respondent No. 2 - Rajasthan State Road Transport Corporation has opposed the submissions made by learned counsel for the appellants.
(2.) HAVING considered the submissions made at the bar and carefully perused the relevant material on record, it is noticed that the award came to be passed by the learned Tribunal on 16.2.2006 and an amount of Rs. 2,02,000/ -was decreed in favour of the appellants -claimants. The amount under the award has already been deposited by the respondent -RSRTC and the same has been disbursed in accordance with the terms under the award. Needless to say when the award was passed and the amount of compensation was realized by the appellants, she must have asked her counsel about the legal recourse if she was not satisfied with the amount of compensation so awarded by the Tribunal.
(3.) IT is relevant to record that the appellants are required to explain each day's delay. The appellants filed the appeal after more than 527 days of the expiry of period of limitation. The appellants did not make any effort for more than 527 days to know as to what was the legal recourse for filing the appeal. This clearly shows that the appellants were not at all interested in prosecuting the appeal. Otherwise too, the negligence of the appellants to such a great extent that they did not bother to find out the legal recourse for quite a long time now, cannot be permitted to be encouraged by allowing the application. Learned counsel has utterly failed to assign sufficient cause and give reasonable explanation in filing the appeal after more than 527 days of the expiry of period of limitation.;