NATIONAL INSURANCE COMPANY LIMITED Vs. GIGA RAM

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved by an award made by the Motor Accidents Claims tribunal, the Insurance Company filed an appeal in the High Court within the prescribed period of limitation. However, the memo of appeal was accompanied by a photocopy of certified copy of the award given by the tribunal. The appellant Insurance Company stated that the certified copy, secured by it for the purpose of filing the appeal, was lost. The Insurance company promptly made an application for obtaining another certified copy of the award and on such copy having been secured, the same was filed in the high Court. However, by the time the certified copy came to be filed, the appeal had gone barred by time by 105 days. The appellant sought for condonation of delay by setting out all the relevant facts. However, the High court was not persuaded to condone the delay in filing the appeal by reference to the date, by which certified copy of the award was brought on record of the High Court and therefore, rejected the application seeking condonation of delay in filing the appeal. Consequently, the appeal was also dismissed as barred by time. Feeling aggrieved by the abovesaid judgment of the High Court, the Insurance Company has filed this appeal by special leave.

(3.) During the pendency of the special leave petition before this Court, the insurance Company has deposited an amount of Rs 2,22,233 (two lakhs twenty-two thousand and two hundred thirty-three rupees only) on 26-2-2001 vide Bank Draft No. 439243 dated 15-2-2001 drawn on Canara Bank. This amount has been kept in a fixed deposit under orders of the Court.