LAWS(P&H)-2022-12-180

PAWAN THAKUR Vs. SHRIRAM GENERAL INSURANCE

Decided On December 22, 2022
Pawan Thakur Appellant
V/S
Shriram General Insurance Respondents

JUDGEMENT

(1.) Owner of the offending vehicle is in this appeal against award dtd. 3/2/2014 passed by learned Motor Accident Tribunal, Chandigarh in MACT Case No.753/2012 titled Kishan Singh Vs. Pawan Thakur and Another, whereby compensation of Rs.7,12,692.00 was allowed to the claimant. Owner - respondent No.2 (now appellant) was held liable to pay the compensation. However, respondent No.3-Insurance Company was directed to satisfy the award but was given recovery right to recover the same from the insured- owner.

(2.) The appeal is accompanied by an application to condone the de-lay of 1220 days in filing the appeal. It is contended that though the impugned award was announced on 3/2/2014 and appeal should have been filed upto 4/5/2014 but the same could not be filed within time as one of the family friend of the appellant was taking care of the litigation and after the decision informed the appellant that finding on Issue No.3 had been returned against the Insurance Company and so, there was nothing to worry. It was in the month of July, 2017 that appellant visited his family friend, obtained the copy of award, got it checked from an advocate, who informed that award should be challenged before the High Court. After collecting the copy of the award, appellant took opinion from a counsel at Chandigarh and then filed the appeal. All this caused delay of 1220 days.

(3.) Respondent-Insurance Company in its reply has strongly op-posed the application.