K SHANKAR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE question in controversy relates to the extent of liability of the insurance company. Appeal has been preferred by the owner. There is a delay of about 900 days in filing the appeal. Notice has been served on the respondent insurance company as well as claimant-respondent.

(2.) AT the time when the petition for condonation of delay was listed, we had made it clear to the counsel appearing for all the parties that they should advance arguments not only on the question of delay but also on merit of the appeal itself. Accordingly, the learned counsel have been heard on the question of condonation of delay as well as on merit of the appeal. It is therefore necessary to first consider the question of condonation of delay and, if delay is condoned, the appeal itself would be disposed of on merits. However, if the delay is not condoned, it may not be necessary to deal with the questions raised in the appeal.

(3.) IN the petition for condonation of delay, the appellant has contended that since he had shifted his entire business to dharamapuri from Kancheepuram in the year 1988, he had lost contact with his advocate and the letter sent to him by his advocate could not be received by him and, therefore, he was not aware of the disposal of the appeal by the learned single judge of the High Court. It has been further stated that when he had come to kancheepuram in connection with a marriage, he was informed by his relatives regarding filing of an execution case and, thereafter, the appellant contacted his advocate at chennai and after tracing out the connected files, the appeal was filed without any further delay. It has been stated by him that delay is neither wilful nor wanton but due to circumstances beyond his control.