NEW INDIA ASSURANCE COMPANY LIMITED Vs. JAHANGIR SHAREEF

JUDGEMENT

(1.) With the consent of both the counsel the main Civil Miscellaneous Appeal itself is being disposed of.

(2.) The facts in brief are as follows: The appellant herein, The New India Assurance Company Limited, Divisional Office-l, A-1-Karim Trade Centre, M.G. Road, Secunderabad, had filed an application in I.A. No. 504 of 2001 in O.P.No.1000 of 1999 on the file of the Court of Additional Special Judge for SPE & ACB Cases-cum- V Additional Chief Judge, City Civil Court, Hyderabad under Section 5 of the Limitation Act, 1963 praying for the relief of condonation of delay of 175 days in filing the application to set aside ex parte decree dated 2-8-2000 in O.P.No.1000 of 1999.

(3.) O.P.No.1000 of 1999 was filed under Sections 140 and 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,00,000/- under various heads against 1 st respondent owner of the vehicle and 2nd respondent the Insurance Company. Notices were served on both the respondents. Since they remained absent, they were set ex parte on 15-10-1999. Subsequent, thereto the claimant was examined as P.W.1 and award was made at Rs.30, 000.00 with interest at 12% p.a. from the date of claim application till the date of realization. Subsequent thereto the present appellant/ Insurance Company had filed an application for condonation of delay of 175 days in filing an application to set aside the ex parte decree and the affidavit field in support of the application was sworn by the Senior Divisional Manager of the Insurance Company. No counter was filed opposing the application. The learned V Additional Chief Judge came to the conclusion that the explanation given in the affidavit filed in support of the application condonation of delays is not sufficient explanation and had dismissed the same. Aggrieved by the said order the present appeal is filed.