J N SHARMA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BY way of the present application, the appellant seeks condonation of delay of 871 days in filing the appeal. The appellant in the present application states that he did not appear in the matter under the bona fide impression that the insurance company alone is liable to pay the compensation amount as the vehicle involved in the accident was duly insured with the insurance company. The appellant has further averred that it is only when he received recovery notice from the Collector, the said fact of ex-parte award against him came to his knowledge. After having come to know about the said ex-parte award the appellant took necessary steps for obtaining certified copy of the order and thereafter he preferred the present appeal. The appellant is an ex-serviceman. The application is duly supported by his affidavit. Counsel for respondent insurance company opposes the present application on the ground that no sufficient explanation has been given by the appellant for seeking condonation for such a long delay.

(2.) I have heard learned counsel for the parties. The appellant has not explained each day delay in preferring the present appeal. However, the Apex Court in catena of judgments has held that rigour of Limitation Act and other technicalities can be avoided while trying motor accident claim cases.

(3.) AT this stage, counsel for the appellant states that the appellant is prepared to deposit some amount out of the award amount. Considering the fact that the appellant is an ex-serviceman and is prepared to deposit some amount with the Tribunal so as to secure rights of the insurance company in the event of the appellant not ultimately succeeding to establish his case, I feel in the interest of justice, this application needs to be allowed. In the light of the above discussion, delay is condoned. Application is allowed.