1 IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 148 of 2023 Sanjay Kumar Suman, age 45 years old, son of Rambriksh Pd. Yadav, resident of village Pratapi, P.O. and P.S. Barachati, District-Gaya, Bihar ...Appellant Versus 1. Asha Devi W/O Late Arbind Kumar Pandey, 2. Jitendra Kr. Pandey S/O Late Arbind Kr. Pandey 3. Niraj Kr. Pandey S/O Late Arbind Kr. Pandey 4. Chameli Kumari D/O Late Arbind Kr. Pandey, (she is minor represented through her mother and natural guardian i.e. Applicant No.1] All Residents of Village Pandeybara, P.O. & P.S.-Chouparan, District- Hazaribag 5. Divisional Manager National Insurance Company limited, divisional office near Civil Court Hazaribagh, P.O. & P.S. Sadar, District Hazaribagh. ……….Respondents CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Appellant : Mr. Lalan Kumar Singh, Advocate For the Resp. No.5 : Mr. Amresh Kumar, Advocate 06/Dated: 03/03/2025 Heard Mr. Lalan Kumar Singh, learned counsel for the appellant and Mr. Amresh Kumar, learned counsel for the respondent no.5. 2. This appeal has been preferred against the award dated 16.02.2019 passed by learned District Judge-cum-Presiding Officer, Motor Vehicles Accident Claims Tribunal, Hazaribagh in Motor Accident Claim Case No. 113/2014 whereby the learned tribunal has been pleased to allow the compensation of Rs. 8,57,500/- to the claimants and right of recovery has been given to the Insurance Company from the appellant who happens to be owner of the vehicle in question. 3. Learned counsel for the appellant submits that I.A. No.8456 of 2024 has been filed for condoning the delay of 732 days in filing the present appeal. He submits that so far merit of the case is concerned, there is no finding with regard to driving licence and unnecessarily the liability has been fastened upon the appellant who happens to be owner of the vehicle in question. 4. Learned counsel for the respondent no.5-Insurance Company submits that 2 learned tribunal has framed specific issues and has given reasons to come to that conclusion. He further submits that there is no explanation of condoning the delay of 732 days. 5. The learned tribunal has framed issues with regard to breach of terms of policy. The appellant hereinabove has contested the said claim case and took the ground that the driver of the vehicle was having effective driving licence. The claimants have produced and got the copy of said driving licence which has been marked as X/2. The learned tribunal has found that the said driving licence was issued by the authority of Howrah whereas the date of issuance is 03.08.1979 and it was valid for LMV-NT till 08.04.2015 and for Transport till 07.04.2016. The learned tribunal has found that in the said driving licence there was no driving licence number and it was found suspicious. The learned tribunal has further directed the claimants and owner to produce original with DL number but they have failed to produced the same. In view of that the learned tribunal has held that driver of the offending vehicle was not having the valid driving licence and as such that issue was decided against the appellant hereinabove. As such there is no illegality in the said issue. 6. Apart from that no other ground has been argued. The Court finds that the learned tribunal has given cogent reason to come to that conclusion. 7. I.A. No. 8456 of 2024 has been filed for condoning the delay of 732 days. For condoning the said delay, no cogent reason has been explained. Only ground has been taken that in the execution case notice has been issued and in view of that it has come to knowledge and further it has been stated that communication gap has occurred between the lawyer and the appellant. 8. It was in the knowledge of the appellant hereinabove that the award has been passed against the appellant as the claim case was contested by the appellant and on contest it was decided and for condoning the delay, no cogent reason has been explained. Thus, on merit as well as limitation this appeal fails. Accordingly, this appeal is dismissed along with I.A. No. 8456 of 2024. ( Sanjay Kumar Dwivedi, J.) Satyarthi/-