K. KRISHNAPPA Vs. RELIANCE GENERAL INSURANCE CO., LTD. AND THE RIYAZ PASHA, MAJOR

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 15th December 2010, passed in MVC No. 544/2010, by the 16th Additional Judge, Motor Accident Claims Tribunal, Bangalore City (SCCH -14), (for short, 'Tribunal') on the ground that the compensation awarded is on the lower side and is liable to be enhanced. Along with the appeal, learned counsel appearing for appellant has also filed I.A. 1/2012, seeking condonation of delay of 412 days in filing the Appeal.

(2.) THE delay of 412 days in filing the appeal has been explained at paragraphs 3 to 7 of the affidavit filed in support of the application, I.A. 1/2012. In the said affidavit, it is stated by the appellant that, his counsel applied for the certified copy of the judgment and award on 15th December 2010, copy was ready on 31st January 2011 and his counsel received the same on 31st January 2011. He has further stated that the averments made in the memorandum of miscellaneous first appeal be read as part and parcel of the affidavit. He has sustained fracture of both the bones of left leg in the accident which resulted in permanent disabilities. The fracture was treated with surgery and the implants were still present and he was still suffering with on and off pain in the left lower limb due to osteoarthritis of knee joint and was under continuous medication and physiotherapy treatment. At the time of accident he was working as vegetable vendor, earning Rs. 300/ - per day and after the accident he is disabled to continue: his avocation due to the permanent disabilities. Due to the ill health, treatment and follow -up treatment, he could not contact his Advocate. Further for availing and providing treatment, he has borrowed hand loans from his relatives and friends. Due to the said reasons, he could not meet his present Advocate to give instruction to prefer an appeal in time and not taken any action pursuant to the judgment. Therefore, there is delay filing the above appeal.

(3.) I have heard the learned counsel appearing for appellant and perused the statements made in the affidavit, accompanying the application, I.A. 1/2012.