NATIONAL INSURANCE COMPANY LIMITED Vs. KARAM SINGH

JUDGEMENT

(1.) THIS is an appeal filed on 8.6.2006 by the Insurance Company against the order dated 8.3.2006 in complaint No. 23/04 by District Consumer Disputes Redressal Forum, Durg (hereinafter called District Forum for short). As the appeal is belated the appellant/insurer has filed an application under Section 5 of Limitation Act for condonation of delay in filing the appeal.

(2.) AS per averments in the application, the appellant received information as well as copy of the award of the District Forum on 23.3.2006, through their Counsel. On 29.3.2006, the appellant had sent the above copy of the award to its regional office, Indore for obtaining instructions regarding filing of appeal and in turn the permission for filing of appeal was received on 18.4.2006. It is further averred in the application that, thereafter, after seeking legal advice the appeal was prepared and all this took some time and finally the appeal was filed on 8.6.2006 with a delay of 62 days. It is averred in the application that the delay was not deliberate and was caused due to various circumstances, hence the delay in filing the appeal be condoned. The appellant has also filed an affidavit of Shri B.L. Gangwani, Administrative Officer of the appellant company in support of the application.

(3.) THE respondent filed written reply to the aforesaid application together with affidavit. In substance, it is averred in the reply filed by the respondent that the delay for each day is to be explained but the appellant has failed to do the same. Hence, the application cannot be allowed.