RAMANDEEP SINGH & ANR. vs SALIM MALIK & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd January, 2025 + MAC.APP. 42/2025 & CM APPL. 2875/2025, CM APPL. 2876/2025, CM APPL. 2877/2025 & CM APPL. 2878/2025 RAMANDEEP SINGH & ANR. .....Appellants Through: Mr. Ashu Pathak, Mr. Ravi Kumar Mishra & Mr. Indrajeet Prasad, Advocates (Through V.C.). versus SALIM MALIK & ANR. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CM APPL. 2877/2025 (condonation of delay of 290 days in filing the present appeal) 1. The present application is filed under Section 5 of the Limitation Act, 1963 read with Section 173 (1) of the Motor Vehicle Act, 1988 (hereafter ‘MV Act’) seeking condonation of delay of 290 days in filing the accompanying appeal against the award dated 21.10.2023 (hereafter ‘the impugned award’) passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi in MACT No. 139/2022. Signature Not VerifiedMAC.APP. 42/2025 Page 1 of 6 Signed By:HARMINDER KAUR Signing Date:01.02.2025 12:42:29 2. The learned counsel for the appellants (applicants) submits that the delay in filing the present appeal is due to the inaction on part of the previous counsel engaged by the appellants, as he failed to maintain communication with the appellants and did not inform them regarding the steps necessary for filing the appeal within the period prescribed. He submits that the delay was neither intentional and nor deliberate. 3. He submits that the appellants despite facing financial hardships, have been solely managing the household and taking care of their ailing mother, who has been suffering from a spinal condition, which has further added to the delay in filing the present appeal. 4. At the outset, it is pertinent to note that the accident too