- (1.) THE instant appeal is directed against the judgment cum award dated 15.1.2013 passed by learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in MAC No.21/2009 whereby the learned Tribunal accepted the claim application filed by the claimants and awarded them a compensation holding the appellant insurance company jointly and severally liable to satisfy the award.
(2.) IT is against the said direction of holding the insurance company jointly and severally liable to satisfy the award, that the instant appeal has been preferred by the appellant insurance company. The appeal is time barred by 73 days. An application under Section 5 of the Limitation Act has been filed by the appellant for condonation of the delay. I have heard the arguments advanced by Shri Muktesh Maheshwari learned counsel for the appellant on the application under Section 5 of the Limitation Act as well as on the merits of the case.
(3.) AT the outset, it may be mentioned that the reasons mentioned in the application under Section 5 of the Limitation Act are far from convincing and unacceptable. Thus, tested on the touch stones of the principles laid down by the Hon'ble Supreme Court in the case of Office of the Post Master Vs. Living Media Ltd., reported in AIR 2012 SC 1506, it is not a fit case to condone the gross and undue delay of 73 days in filing of the appeal.;