NORTWEST KRTC V. MALAKAYYA

2000 ACJ 1031

IN THE SUPREME COURT OF INDIA AT NEW DELHI

(Civil Appeal No.2752 of 2000; decided on 20.4.2000)

PRESENT:

MR. JUSTICE K.T. THOMAS

MR. JUSTICE R.P. SETHI

North West Karnataka Road Trans. Corpn.                ... Appellant

V

Malakayya                                                                   …Respondent

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Important Point:

Delay Condone –Appeal High court reject –Apex court granted and condone 80 days

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JUDGMENT

Thomas & Sethi, JJ.-Leave granted.          

2. The impugned order is only one of rejecting an appeal as a consequence of refusal to condone delay of 80 days in filing the appeal before the High Court. The appeal was filed against an award passed by the Motor Accidents Claims Tribunal awarding a sum of Rs. 1,89,000 as com­pensation for the fracture found on the wrist of the injured. Though there was delay of 80 days, we are of the opinion that the High Court should have condoned the delay involved having consideration of the conspectus of the case and the stake involved. We, therefore, condone the delay of 80 days and as a corollary we set aside the impugned judgment. We direct the Registrar of the High Court to board the appeal for hearing when it becomes ripe for hearing. The High Court will dispose of the appeal in accordance with law. Until the appeal is disposed of the interim direc­tion we passed on 13.9.1999 will continue regarding disbursement of the amount.

This appeal is disposed of accordingly.

Appeal allowed.

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1031_2000 Nortwest KRTCv. Malakayya