BANARSI LAL SHARMAversusHARVINDAR SINGH AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
       FIRST APPEAL FROM ORDER DEFECTIVE No. - 942 of 2017

Banarsi Lal Sharma
                                                           .....Appellant(s)
                                  Versus

Harvindar Singh And 3 Others
                                                         .....Respondent(s)

Counsel for Appellant(s)                   :   Arvind Kumar Singh
Counsel for Respondent(s)                  :   Rajeev Sharma

                                                                       AFR


Court No. - 39


                     HON'BLE ABDUL SHAHID, J.


Order on Delay Condonation Application No. 196230 of 2017.

1. Heard Sri Arvind Kumar Singh, learned counsel for the
appellant/claimant and Sri Rajeev Sharma, learned counsel for respondent
no.1.

2. The present First Appeal From Order has been preferred for
enhancement of award arising out of judgment and award dated
18.12.2009, passed by Motor Accident Claims Tribunal/Additional
District Judge, Court No.3, Etah in Motor Accident Claim Petition No.
225 of 2007.

3. Learned counsel for the appellant has submitted that the delay of 7
years and 103 days in filing the appeal be condoned. He relied on the law
laid down by Punjab and Haryana High Court in Kamaljeet and others
Vs. Suresh Chand and others; 2019 (2) TAC 820 ( P & H), where there
was delay of 420 days in filing of the appeal. He further relied on the law
laid down by Madhya Pradesh High Court (Gwalior Bench) in Sudama
and others Vs. Lal Singh and others; 2016(2) TAC 490 (MP), where
delay was of 1483 days. All these judgments are only for persuasive value
of this Court.
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                                    4. Learned counsel for the respondent no.1 has relied on law laid down by
                                    the Hon'ble Supreme Court in Civil Appeal No. 7696 of 2021 (Majji
                                    Sannemma @ Sanyasirao Vs. Reddy Sridevi and others, where delay
                                    was of 1011 days and was not condoned.

                                    5. It is held by the Hon'ble Supreme Court in Oriental Aroma Chemical
                                    Industries Ltd Vs. Gujrat Industrial Development Corporation; 2010
                                    (79) ALR 647 (SC), where delay condonation application was filed with
                                    a delay of four years. The Hon'ble Supreme Court observed that the High
                                    Court committed grave error by condoning more than four years delay in
                                    filing appeal ignoring the judicially accepted parameters for exercise of
                                    discretion under Section 5 of the Act. The appeal was allowed and the
                                    application under Section 5 of the Act was dismissed. The appeal filed
                                    before the High Court was dismissed as barred by time.

                                    6. Learned counsel for the respondent no.1 has also relied that it is the
                                    claimant himself who had availed all the benefits and thereafter preferred
                                    the present appeal with a delay of 7 years and 103 days. He himself the
                                    claimant and he enjoyed all the fruits of the award and now preferring
                                    further the instant appeal for enhancement of compensation. The
                                    application under Section 5 is not supported with reasonable and plausible
                                    reason for condoning the delay. The delay is of huge days i.e. 7 years and
                                    103 days.

                                    7. In view of all the facts and circumstances of the case and the law laid
                                    down by the Hon'ble Supreme Court, the delay condonation application
                                    under Section 5 of the Limitation Act to condone the delay is liable to be
                                    dismissed and it is dismissed accordingly. Consequently, the appeal is
                                    also hereby dismissed.



                                                                                           (Abdul Shahid,J.)
                                    April 21, 2026
                                    sfa/




Digitally signed by :-
SYED FAHEEM AHMAD
High Court of Judicature at Allahabad