High Court of Punjab and Haryana, Chandigarh
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Lal Singh v. Inderjeet & Anr - FAO-559-2006  RD-P&H 10395 (13 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: 10.8.2006
Inderjeet and another
CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr. Justice S.D.Anand.
Present: Mr.M.L.Saini, Advocate,
for the appellant.
UMA NATH SINGH, J.
In this FAO by the claimant against an award dated 7.5.2005 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Rewari, in MACT Case No.254 of 2002, while sitting in Lok Adalat, whereby a sum of Rs.1,00,000/- with 6% interest per annum has been awarded in an injury case, learned counsel submitted that though the appellant was represented by a counsel before the Lok Adalat but without his consent, the compromise award has been passed.
Admittedly, in this injury case, there is no disability certificate and further the Advocate appearing for the appellant-claimant had actively participated in the proceedings of the Lok Adalat. Besides, filing of this FAO is also barred by 120 days' delay and there is no sufficient cause shown to condone the said delay. That apart, Hon'ble the Apex Court in the judgment reported in AIR 1998 SC 2276 (P.K.Ramachandran versus State of Kerala and another), has held that the FAO No.559 of 2006 (O&M) 2
Courts cannot extend the limitation on equitable ground.
Accordingly, the FAO is dismissed on the ground of delay as well as on merits.
( UMA NATH SINGH )
August 10, 2006 ( S.D.ANAND )
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