DURGAMBA MOTORS POST BOX NO. 16 MAIN ROAD, KUNDAPURA UDUPI DISTRICT BY ITS PARTNER S. SACHIDANANDA CHATRA S/O. LATE GOVINDA CHATRA Vs. CHOWDESHA S/O. CHINNAPPA, DAVANAGERE, BASAVARAJ S/O. THIMMANNA AND THE MANAGER ORIENTAL INSURANCE CO. LTD.@RES

JUDGEMENT

(1.) BY the impugned order, the court below has rejected the application filed by the petitioner for condonation of delay in filing the review petition. The record reveals that the petitioner is the owner of the vehicle bearing registration No. KA -20/A -6297, which met with an accident on 19.9.2006. The claim petition was filed in MVC No. 447/2009 by the 1st respondent who was injured in the accident. The claim petition came to be allowed by I Addl. Senior Civil Judge and MACT -V at Davanagere on 10.11.2010 awarding compensation of Rs. 1,92,200/ - in favour of the claimant and against the petitioner herein, who is owner of the vehicle involved in the accident. At that point of time, though the vehicle was covered by the insurance policy, the petitioner failed to produce the insurance policy before the Tribunal. Hence, liability is fastened on the petitioner and not on the insurance company.

(2.) IT seems, subsequently, the petitioner got copy of the insurance policy and thereafter filed a review petition before the claims tribunal for reviewing the award made in MVC No. 447/2009 after the delay of 10 months 9 days in filing the review petition. The said delay of 10 months 9 days is not condoned by the tribunal on the ground that the delay is not satisfactorily explained.

(3.) WRIT petition is disposed of accordingly.