NATIONAL INSURANCE CO LTD Vs. AJAY DESHMUKH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 31. 8. 1995, of Motor Accidents Claims Tribunal, Seoni, whereby a sum of Rs. 59,700 was awarded to the respondent No. 1, claimant, whose house and other property inside the house was damaged by the insured vehicle, namely, truck No. MPJ 3652 driven by one Bhuvanlal, respondent No. 2. The truck belongs to Rajendra Chourasia, respondent No. 3. The award has been passed against the insurance company, the driver as well as the owner of the truck.

(2.) A preliminary objection has been raised by the counsel for the respondent No. 1 that the appeal is barred by time and there is no good reason to condone the delay. The appeal is said to have been delayed by 19 days over and above the allowable period of 90 days. The award in this case was passed on 30. 8. 1995 and the appeal was filed on 18. 12. 1995. If we count from the date of award, limitation period of 90 days would expire on 29. 11. 95. The plea taken by the appellant in application for condonation of delay is that he did not get copy of award from the Tribunal as was required, that the Tribunal did not give a copy of the award to the company as was required by Section 165 (2) of the Motor Vehicles Act. The provision requires that Tribunal shall give copy of award to the parties, while announcing the award. The copy was given only on 19. 9. 1995. An affidavit to that effect has been filed by an official of the company.

(3.) THE learned Counsel for respondent No. 1 argues that the appellant should have obtained the copy and that copy must have been taken on 30. 8. 1995 and there is no proof that it was taken on 19. 9. 1995. No acknowledgement of receipt of copy has been got proved, according to his argument.