RAJENDER vs MOHD MOBIN & ORS.

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31st January, 2025 + MAC.APP. 91/2025 RAJENDER .....Appellant Through: Mr. Ahwan Mohapatra, Adv. versus MOHD MOBIN & ORS. .....Respondents Through: CORAM: HON’BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CM APPL. 6261/2025 (for exemption) 1. Exemptions allowed, subject to all just exceptions. 2. The application stands disposed of. MAC.APP. 91/2025, CM APPL. 6259/2025, CM APPL. 6260/2025 & CM APPL. 6262/2025 3. By way of the present appeal, the appellant challenges the award dated 21.05.2022 pursuant to which the liability to pay the compensation has been fastened upon the appellant. 4. It is stated that the appellant was the owner of the offending vehicle. The accident led to the death of Akram Ali and a claim petition was filed by his legal heirs. 5. The present appeal is filed with an inordinate delay of 756 days and there is further delay of 80 days in re-filing the appeal. 6. The only reason mentioned for not filing the appeal within Signature Not Verified Signed By:HARMINDER KAUR Signing Date:03.02.2025 MAC.APP. 91/2025 Page 1 of 6 18:56:53 the statutory time period is that though the appellant had appeared before the learned Tribunal in the year 2017 when the learned Tribunal directed the appellant to file an affidavit of asset and income, however, on the subsequent dates, the appellant did not appear since he was under the impression that his duty to appear before the learned Tribunal is over. 7. It is contended that the lawyer who was representing the appellant at that stage, had informed the appellant that he is not required to appear. 8. On being pointedly asked, the learned counsel for the appellant submits that the name of the lawyer who had suggested such course is not known. 9. No o