SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No. 2752 of 2000 (arising out of SLP(Civil) No. 12770 of 1999). D/d. 20.4.2000.

North West Karnataka Road Transport Corporation by its Managing Director - Appellant

Versus

Smt. Malakayya - Respondent

Motor Vehicles Act, 1988, Section 170 - Compensation award - Delay in filling appeal - Application rejected by High Court - Considerations - Conspectus of the case and stake involved - Delay condoned by the Supreme Court.

[Para 2]

JUDGMENT

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 Accident 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.

3. This appeal is disposed of accordingly.

Order accordingly.