N.K. Patil, J.@mdashThis appeal by the appellant-claimant is directed against the impugned judgment and award dated 08/07/2011 passed in MVC No. 685/2010, by the Presiding Officer, Fast Track Court-IV and Additional Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as ''Tribunal'' for short). Along with the appeal, learned counsel appearing for appellant has also filed I.A. 1/2012, seeking condonation of delay of 362 days in filing the appeal.
2. The delay of 362 days in filing the appeal has been explained at paragraphs 2 and 3 of the affidavit 17.10.2012 filed in support of I.A. 1/2012, stating that, court below has passed judgment and award on 8.7.2011, application for certified copy was filed on 22.7.2011 and obtained on 4.8.2011. His counsel informed him about the judgment and award passed for a sum of Rs. 91,000/- and he was very much depressed with the meager compensation, but he was unaware of the procedure regarding seeking enhancement of compensation. Further, it is stated that, recently, on the advice of his friends and relatives, he approached the present counsel and on discussion and legal advice, he has filed this appeal seeking enhancement of compensation. In these process there is a delay in filing the appeal, which is bonafide and not intentional one and he has got good case on merits. If the said delay is not condoned, he would be put to great hardship and irreparable loss and inconvenience and on the contrary, no loss or prejudice would be caused to respondents if the delay is condoned. Therefore, he prayed to allow the application.
3. I have perused the statements made in the affidavit, accompanying the application. After going through the statements made in the affidavit filed in support of the application, it emerges that, there is an inordinate delay of 362 days in filing the appeal. The said has not been explained satisfactorily by assigning cogent and valid reasons. The explanation offered is in a very casual manner. Except making bald statements, no credible or trustworthy reasons are assigned for explaining the said delay. It is stated in the affidavit by the appellant that, the compensation awarded is on lower side and on the advise of his relative and friends, he has requested his present counsel to file an appeal for enhancement. The said reasoning is not acceptable. As there is an inordinate delay of 362 days in filing the appeal, the appellant is bound to explain each day''s delay in filing the appeal by assigning cogent and valid reasons. Much credibility cannot be given to the explanation offered by the appellant for condoning the said delay. Hence, in view of non explanation of inordinate delay in filing the appeal, in a satisfactory manner, I am of the view that delay cannot be condoned nor the appellant has made out a good case to condone the delay. Hence, for the foregoing reasons, I.A. 1/2012 is liable to be dismissed as misconceived and accordingly, it is dismissed. Consequently, the appeal filed by appellant is also dismissed.
