Appeilant Eefendant No.3 > \ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON’BLE SHRI RAJEEV GUPTA, C.J. 8: HON’BLE SHRI SUNIL KUMAR SINHA, J. MA. No.632 of 2002 National Insurance Company Limited Gumla. Jharkhand through Branch Office Priyadarshini Nagar, Bilaspur (CG) Versus 1. Neeras Lata Jhon, Wdlo Late Madhukar Fedrik Jhon, Christian, Occupation — empioyee, Aged about 4O years R/o Village Primary Health Center, Bilaigarh, Raipur (CG) RESPONDENT 2. Ku. Shruti Jhon, D1 Late laimant No.2 Madhukar Fedrik Jhcn, Aged about 12years R l l RESPONDENT. Claimant No.1 ESPONDENT Ogiaimant No.3 3. Ku. Abhilasha, D/o Late Madhukar Fedrik Jhon, Aged about 9 years l RESPONDENT 4. Ku Tripti, Dlo Late Madhukar CEiaimant No.4 Fedrik Jhon, Aged about 6 years, i l Through Respondents their No.2 natural to 4 guardian are minor, - Mother Neeras Lata Jhon, R/o Viilage Primary Health Center, Raipur(CG) ESPONDENT R 5. Shiv Kumar Sahu, S/o Shivpujan Defendant No.1 Sahu, Abhishek Roadways, Bhanpuri, Raipur (CG), permanent Rlo Abhishek Roadways, Village and post — Ghaghra, District — Gumla, Jharkhand -— Owner 6. Nagendra Singh, Slo Vijay Singh ’Rajput, R/o Village — lta — chiltari, Post - ita, P.S. Bedo, Distt Ranohi Jharkhand - Driver l ESPONDENT efendant No.2 0 . C R D Appeal under Se§tion 173 cf the Motor Vehicles Ac‘. 19$8 Present 2 Shri’B.N. Nande, leamedcounsei for the appe'ilant. ‘ Smt. Meena Shastri, learned counse‘ for respondents ’ No.1 to 4. ORDER (26m August, zoos) The foliowingv order of the Court was passed by' Rajeev Gupta, C.J. : 5‘- This matter is listed today, for orders on the defaults pointed out by the Registry. Default No.4 is to the effect that though the appeal is time-barred by 180 days, no application for condona§on of delay in filing the appeal has been filed; 2) The appellant/ National insurance Company 'Limited has tiled this appeal against the impugned award dated 19.10.2001, passed by the Motor Accident Claims Tribunal, Jashpur Nagar, in Motor Claim Case No.09/2000, whereby the appellant/ insurance ECompany has been directed to pay a sum of Rs.6,00,000/- as i‘compensation to the claimants, unfortunate widow and minor Children of deceased Madhukar Fedrik Jhon, for his death in the motor accident on 16.03.2000. :3) v No application for condonation of the delay was tiled along lwith the appeal, which was tiled on 24.07.2002. in fad, no such application has been filed till date though a period of more man :‘seven years has elapsed since tiling of the appeal in the year 2002 ‘and inspite of grant of opportunities in that behalf by the Additional Registrar (Judicial) vide orders dated 01.08.2002 & 12.09.2002 and thereafter by the Division Bench vide order dated 06.1 1 .2003. i /\t 4) in this View of the matter, we do not find any justification in the prayer of Shri B.N. Nande, learned counsel for the appellant for g'rant of further time in that behalf. Prayer of learned counsel for i l the appellant, therefore, is liable to be rejected and is hereby r'ejected. 5) As the appeal filed by the appellant! insurance Company against the impugned award is hopelessly time-barred by as many as 180 days and the appellant/ insurance Company has miserably failed inshowing any cause much less sufficient cause, we ae left with no other option, but to dismiss the appeal as time-barred. 6) The appeal, therefore, is dismissed as time-barred. 7) Consequently, MCP No.1073l2002 (stay appiication) also V l 7: I, ’V«’//‘ stands dismissed \ ’ l Sdl- Sd/— ’ l Sunil Kuma" Sinha" n CHIEF JUSTICE i Judge