HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MAIN CASE No: MACMA No.171 of 2021 PROCEEDING SHEET Sl. o. DATE ORDER OFFICE NOTE 09. 17.07.2026 TCDS,J I.A. No.1 of 2021 The present application is filed seeking to condone the delay of 1475 days in preferring the appeal as against order dated 18.11.2015 in MVOP No.215 of 2011, on the file of Chairman Motor Accidents Claims Tribunal- cum-Family Court-cum-III Additional District Judge, Srikakulam. The petitioner was arrayed as 2nd respondent in the said petition. The respondent Nos.1 to 4 preferred claim petition seeking to pay compensation of Rs.6,00,000/- on account of death of one Sri G.Eswara Rao, who died in the accident that occurred on 01.04.2006. The Tribunal issued notices to all the respondents in the claim petition. Despite receipt of said notice, the petitioner/owner of the offending vehicle did not choose to appear before the Tribunal and thereby he was set ex-parte. After trial, the Tribunal by order dt.18.11.2015 partly allowed the claim petition by awarding compensation of Rs.4,78,000/- together with interest @ 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said order, the present 2 appeal is preferred with a delay of 1475 days. For proper appreciation of the case on hand, the averments made in support of the delay application is reproduced as under:- “I submit that aggrieved by the order and decree dated 18-11-2015 passed by the Chairman, Motor Accidents Claims Tribunal-Cum- Family Court-Cum-III Additional District Judge, Srikakulam at Srikakulam passed in M.V.O.P.No.215/2011, dated 18-11-2015. I preferred the accompanying Memorandum of Grounds of Appeal which may be kindly be read as part and parcel of this Affidavit. It is respectfully submit that the Decree and Order of the Court below are contrary to law, the evidence on record and probabilities of the case. I have fair chances of success in the above Appeal. I submit that I approached the office of the insurance company, during the pendency of original claim petition and informed about the particulars of the existence of valid and effective Driving License possessed by the Driver (5th respondent herein) and Insurance Policy of the subject vehicle. The respondent Insurance Company during my visit they made promise to me that they will take care of the case in defending the claim made by family members of the deceased. I submit that the 5th respondent, who was driver of the subject vehicle came and told me that he received a notice in the E.P.No.121/2018 in M.V.O.P.No.215/2011 filed by the 6th respondent insurance company by virtue of impugned decree passed by the Claims Tribunal. I appeared through my counsel in the execution proceedings on the date of hearing and sought time for filing of the counter in the said E.P. The 6th respondent insurance company filed the present execution proceedings, not immediately after satisfying award amount to the claimants. I respectfully submit that the Lower Court was pleased to pronounce the order on 18-11- 2015 in M.V.O.P.No.215/2011 and I was not aware of the order passed by the Chairman, Motor Accidents Claims Tribunal-Cum-Family Court- Cum-III Additional District Judge, Srikakulam. I came to know about the pronouncement of order 3 in M.V.O.P. No.215/2011 passed by the Chairman, Motor Accidents Claims Tribunal-Cum- Family Court-Cum-IlI Additional District Judge, Srikakulam. I was not aware of the passing of the decree in M.V.O.P.No.215/2011 till 10-12-2019, I could able to know only after engaging advocate in the said execution proceedings. I respectfully submit that immediately thereafter my counsel in the Tribunal below filed a copy application on 11-12-2019. Copy was ready on 02-01-2020. On obtaining certified copy of the decree and order, the counsel sent the copy and on receipt of the copy of the order and decree. The matter was taken-up with my counsel at Amaravati and he advised about the points involved in the matter and fair chances of success in the appeal in view of the existence valid and effective driving license and insurance policy. I submit that I am advised that the appeal is based on strong and substantial grounds. In fact the insurance company already satisfies the award and question of payment of compensation by the insured does not arise, when there is no breach of policy conditions. It is most pertinent to submit that my life went topsy-turvy and I could not mobilize the funds to prefer this present appeal due to the most dangerous pandemic cvoid-19, during the period the state of utter confusion and disorder. Now I got great relief after acquiring the money, which required for filing of the present appeal. It is because of normalcy of Covid-19.” The counsel for the applicant would submit that, the applicant was under the bonafide impression that the Insurance Company would take care of the interest of the applicant as well before the Tribunal. A close look at the averments made in the affidavit, it is clear that the petitioner has got knowledge about filling of claim petition and despite service of notices he did not choose to appear before the Tribunal. It is further stated 4 that after filing of Execution Petition and after service of notices in the said Execution Petition, he came to know about passing of the award under challenge and immediately he could file vakalth in the Execution Petition. The explanation offered by the applicant is not sufficient to condone the inordinate delay of 1475 days in preferring the appeal, inasmuch as absolutely no dates were mentioned as to when the applicant has come to know about the passing of order by the Tribunal. Apart from the same, as already noted supra, the petitioner instead of appearing before the Tribunal, had chosen to approach the Insurance Company and requested to take care of his interest in the claim petition. The said explanation cannot be a ground to condone the inordinate delay in preferring the present appeal. Further, the applicant miserably failed to explain the delay. In the circumstances, this Court does not find any reason to condone the inordinate delay of 1475 in preferring the present appeal. Accordingly the delay application is dismissed. Consequently, MACMA No.171 of 2021 is also dismissed. _______ TCDS,J DR