SHASHI MOHAN DWIVEDI Vs. GANESH

JUDGEMENT

(1.) This order shall govern the disposal of aforesaid two appeals (Misc. Appeal No.848/08 and Misc. Appeal No.653/09) having arisen against a common Award dated 28th April 2008 in Claim Case No. 61/2007 passed by the Seventh Additional Member of the Motor Accident Claims Tribunal, Gwalior (M.P.).

(2.) Apparently, Misc. Appeal No. 653/2009 is submitted by the appellant/Insurance Company beyond period of limitation, hence, with a view to condone such delay of 352 days, firstly I.A. No. 10816/2009 and supporting to it another application I.A.No. 3099/2013 have been filed.

(3.) Considering the averments made in the application, it appears that the case of the Insurance Company was not properly contested before the tribunal. However, in the interest of justice, even though the appeal presented on behalf of the Insurance Company is time bared, learned counsel appearing for the company is heard at length after taking into consideration the grounds available under section 147 and 149 (2) of the Act, in view of specific circumstances of the case.