WAHID KHAN Vs. BAJAJ ALLIANCE GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) Heard on IA No.7716/2015, an application for condonation of delay.

(2.) Learned counsel for the petitioner / owner of the offending vehicle submitted that there is delay in filing the review petition, but as per paragraph No.14 of the finding recorded by the Claims Tribunal while passing final award dated 20th September, 2010 in Claims Case No.284/2009 that at the time of accident, the driver was having Light Motor Vehicle License and this fact has been considered by the learned Claims Tribunal in paragraphs No.13 and 14 of the award and relying on the decision in the case of Ashok Gangadhar Maratha v. Oriental Insurance Company Limited reported in 2000 (1) SCC 63 (SC) and in the case of IFFCO Tokiyo General Insurance Company Limited v. Shankarlal & others reported in 2009 ACJ 2618, directed that the owner of the offending vehicle and Insurance Company are jointly and severally liable to pay the amount of compensation. He submitted that though the owner of the offending vehicle was ex parte before the Claims Tribunal, but at the time of passing of the impugned award / order dated 06.11.2012 in Miscellaneous Appeal No.3570/2010, he was not heard. Therefore, he prays that the application for condonation of delay be allowed and the impugned order dated 06.11.2012 passed in Miscellaneous Appeal No.3570/2010 be set aside.

(3.) Learned counsel for the respondents opposed the prayer and pray for dismissal of the application.