CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120 CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) Date of decision: 08.07.2026 Divesh Kumar ....Applicant/Appellant Vs. Rajender Kumar Manjhu and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. B.S. Beniwal, Advocate for the applicant/appellant. ***** HARSH BUNGER J. (Oral) CM-4488-CII-2022 in/and FAO-1667-2022 (O&M): The present appeal has been filed by the appellants/claimants against the award dated 15.03.2016 passed by learned Motor Accident Claims Tribunal, Fatehabad, along with an application seeking condonation of delay of 1371 days (upto 23.03.2020), although the appeal was filed on 05.01.2021. 2. Briefly, on 13.11.2014 at about 2.30 P.M., the appellant was coming to Fatehabad on his motorcycle TVS Star bearing registration No. HR22E-7188, and when he reached near Kathmandi, Fatehabad, a Santro car bearing registration No. HR22H-4396 (hereinafter referred to as ANKIT 2026.07.10 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) -2- the “offending vehicle”), which was being driven by Sh. Rajender Kumar Manjhu (respondent No.1 herein) at a high speed in a rash and negligent manner came from Fatehabad side and when respondent No.1 was crossing the motorcycle of the appellant, then the driver side of the offending vehicle hit the motorcycle of the appellant. Due to the aforesaid collision, the appellant and his motorcycle fell down and the appellant suffered injuries on his right leg and even his motorcycle got damaged. Rajender Kumar Manjhu ran away from the spot after leaving his Santro car. Thereafter, the appellant was admitted in Government Hospital, Fatehabad by his mother, where he was medico-legally examined and thereafter on 14.11.2014, he was got admitted in Pahwa Hospital, Fatehabad, where he remained admitted upto 22.11.2014. The appellant was stated to have been operated upon his leg. At the time of accident the appellant was 21 years of age and he claimed that he worked as a barber. Accordingly, the appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation. 3. The learned Motor Accident Claims Tribunal (hereinafter referred to as “the MACT”) after considering the matter held the appellant entitled to a sum of Rs.70,000/- as compensation for receipt of injuries in a roadside accident from Sh. Rajender Kumar Manju (driver of the offending vehicle), Sh. Krishan Kumar (owner of the offending vehicle) and respondent No.4 (Insurance Company) jointly and severally along with interest @ 7.5% per annum from the date of filing of claim petition upto the date of actual realization. ANKIT 2026.07.10 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) -3- 4. Apparently, the award was passed by the learned Tribunal on 15.03.2016, however, the appellant filed the aforesaid appeal along with an application under Section 5 of the Limitation Act, seeking condonation of dealy of 1371 days (upto 23.03.2020) by stating that beyond the said date i.e. 23.03.2020, the period of limitation has been extended by the Hon’ble Supreme Court in view of the COVID period relaxation. 5. In the application seeking condonation of delay, the applicant/appellant has given the following explanation for the delay in filing the accompanying appeal, which reads as under:- “2. That the applicant/appellant is a Barber and due to the disability is unable to earn sufficient livelihood and even the Ld. Motor Accident Claim Tribunal, Fatehabad has awarded very less compensation to the tune of Rs.70,000/- only on account of injuries received by the applicant/appellant. So, the applicant/appellant was not having sufficient means to engage a counsel to file the appeal against the award dated 15.03.2016 passed by the Ld. M.A.C.T. Fatehabad. 3. That the applicant/appellant requested the present counsel to file the appeal before the Hon'ble High Court and the present appeal is being filed. Further the applicant/appellant was short of funds due to the follow check-up and further treatment. However, due to above said reasons the delay of 1371 days in filing the present appeal has occurred and thereafter the period of limitation has been extended by the Hon'ble Supreme Court of India in filing the appeal till further orders, So, ANKIT 2026.07.10 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) -4- the delay is neither intentional, nor wilful and is rather due to the facts as stated above. 4. That the applicant/appellant will be deprived of the benefit provided under the statute in case the delay in filing the present appeal is not condoned.” 6. I have gone through the explanation offered by the applicant/appellant for the delay in filing the appeal as stated in the abovementioned application. A bare perusal of the above-extracted reasons for the delay, reveals that the same are bereft of any specific, cogent or acceptable explanation for the delay in question. The averments made therein are vague, general and sweeping in nature, and no particulars have been furnished to explain the delay for each day/period that has occasioned. It is well settled that “sufficient cause’ within the meaning of the relevant provision must be a cause which is beyond the control of the party invoking the said provision, and mere vague and general statements, unsupported by any material particulars, cannot constitute sufficient cause for condoning the delay. The applicant has failed to disclose any substantial or reasonable cause, much less sufficient cause, which prevented it from taking timely action/filing the appeal/application within the prescribed period of limitation. In the absence of any specific explanation qua the entire period of delay, this Court is not persuaded that a case for condonation of delay is made out. 7. I am of the considered view that the applicant/appellant has failed to show sufficient cause in not filing the appeal within the period of limitation; accordingly the instant application seeking condonation of delay ANKIT 2026.07.10 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh CM-4488-CII-2022 in/and FAO-1667-2022 (O&M) -5- is dismissed. As a consequence thereof, the present appeal against the award also stands dismissed. 8. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 08.07.2026 JUDGE Ankit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ANKIT 2026.07.10 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh