- (1.) THIS appeal is indicated as barred by 161 days.
(2.) AN application under Section 5 of the Limitation Act has been filed to indicate that the compromise was arrived at before the Lok Adalat, when the claimant -appellant was not present and he had no knowledge of passing of the award and he came to know of the same in the month of March, 2012 only and the appeal has thereafter been filed on 3.4.2012. A reply to the application has been filed by the respondents No.1 and 2 i.e. owner and driver of the vehicle and a specific objection about maintainability of the appeal has been raised. It has also been submitted that the memo of appeal is wholly silent about any action having been taken by the appellant qua the compromise arrived at, which was allegedly without his instructions and at his back.
(3.) IT is further submitted that no reason whatsoever has been indicated in the application so as to condone the delay and, therefore, the appeal deserves to be dismissed as not maintainable and /or barred by limitation.;