The only point involved in this appeal at this stage is that the present appellant who had preferred an appeal against an award made by Motor Accidents Claims Tribunal was dismissed by the High Court on the short ground that it was barred by limitation, after rejecting the application for companydoning the delay in preferring the appeal.
We are informed that both these appeals are pending in the High Court.
248 of 1977 against the same award.
We companydone the dealy in preferring the appeal and direct that the appeal be admitted to file and heard and disposed of along with appeals preferred by Respondent No.
In view of the fact that the award dated 31 3 1977 is under challenge in two appeals, it is just and proper that the appeal of the present appellant may also be entertained and may be disposed of on merits along with aforementioned two appeals.
266 of 1977 against the aforementioned award.
There was some ex parte proceedings and the application was made to set aside the same.
1 was injured.
May be, there was some delay in preferring the appeal by the present appellant, but if one goes through the zig zag companyrse of the proceedings, it would appear that there was at least some justification for the appellant being misled as to when he should have preferred his appeal.
The Award was made by II Additional Motor Accidents Claims Tribunal, Meerut on 31 3 1977.
By an application dated 4 3 1978, a prayer was made for setting aside the ex parte award.
1 and learned Counsel Mr. J.L. Nain for respondent No.
The appeal of the present appellant has been dismissed on the ground that it is barred by limitation.
The present appellant preferred an appeal against the same award.
1 and Respondent No.Guided by these special facts of the case, we allow this appeal, set aside the order of the High Court rejecting the appeal of the appellant on the ground that it was barred by limitation.
1 and Respondent No.
This companyclusion was recorded after the application of the appellant for companydoning delay was rejected.
To briefly trace the companyrse of this proceeding, it may be pointed out that the claimants filed an appeal of which numberice was served on the appellant on 12 11 1977.
Appellant was the owner of the truck involved in the accident in which respondent No.
Thereafter the appellant filed an appeal against the award which was obviously time barred and his application for companydoning delay was rejected on the ground that his moving from pillar to post would number be a sufficient ground for companydoning the dealy.
The application appears to have been rejected, and an appeal against the order was held number to be maintainable.
A. Desai, J. Special leave to appeal granted.
We heard learned Counsel Mr. O. P. Verma for the appellant, learned Counsel Mr. J.P. Goyal for respondent No.
Respondent No.
2, insurer, preferred 1st Appeal No.
1 preferred 1st Appeal No.
Respondent No.
