ORIENTAL INSURANCE COMPANY LIMITED Vs. MAHAJIBHAI M PATEL

JUDGEMENT

(1.) The First Appeal is preferred by Insurance Company against the judgment and award made by the Motor Accident Claims Tribunal (Aux.), Banaskantha at Palanpur in M.A.C.P. No. 65 of 1988. C.A. No. 3193/95 is for condonation of delay of 158 days (as noted by the Registry on the docket) in filing the appeal and C.A. No. 3194/95 is for stay.

(2.) From the record, it transpires that the appeal was presented on 27th July, 1994. At the time of lodging the appeal, Court Fee stamp was not affixed on the memo of appeal as required but court fee stamp of Rs. 5/- only was affixed, though it is categorically mentioned in the memo of appeal that the claim for court fee is Rs. 1,35,000/-. It appears that the Registry examined the papers and referred the objections to the learned Advocate on 21.11.1994 for removal of the objections, including that of non-payment of Court Fee, delay, etc. The same were not removed, though they were required to be removed on or before 6.12.1994.

(3.) It appears that the learned Advocate supplied necessary court fee only yesterday, i.e., 24th of September, 1996 and affidavit in the delay condonation application was also affirmed only yesterday. Therefore, it appears that the Registry has taken cognizance of that application only on 24th September, 1996 for circulation.