Abhimanyu VS. New India Assurance Co. & Ors. CMP(M) No. 855 of 2018. 11.09.2025 Present: Ms. Diksha Bharati, Advocate, vice Mr. Saurav Rattan, Advocate, for the applicant. Ms. Pooja Thakur, Advocate, vice counsel for respondent No.3. CMP(M) No. 855 of 2018. By way of this application, a prayer has been made to condone the delay of 562 of days in filing the appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 10.08.2016 passed by the learned Motor Accident Claims Tribunal-II, Solan in Claim Petition No. 1-NL/2 of 2013. Despite notice, respondents No.1 and 2 have not appeared to contest the application and said respondents have been proceeded against ex-parte. Only respondent No.3 has put in appearance but this respondent has not filed any reply. Thus, there is no contest by the respondents to the prayer made in the application. It is averred that the applicant was minor at the time of accident and also when he had filed the claim petition before the learned Tribunal through his next friend. As per the applicant, his father had been pursuing the cause as next friend of applicant and the father of the applicant being rustic villager was not aware about the niceties of law. In such circumstances, the appeal, as per the applicant, could not be filed within time. It is further submitted that the applicant having lost one of his hand in the accident was under severe mental trauma and was also not able to take legal course by filing the appeal within time. The averments made in the application appear to be bonafide and since there is no opposition to these averments, there is nothing before this Court to disbelieve the stand of the applicant. In Result, the application is allowed and the delay in filing the appeal is condoned. Application stands disposed of. (Satyen Vaidya) Judge 11th September, 2025. (Jai)