(1.) CM No. 4406-CII/2004 Heard learned Sr. Counsel for the appellant. For the reasons stated in the application, delay of 41 days in refiling the appeal is condoned. CM disposed of. F.A.O. No. 1221 of 2004
(2.) WE have heard the learned Sr. Counsel for the appellant at length and perused the paper-bood.
(3.) THE Insurance Company has adduced no evidence in support of the aforesaid submissions. The Insurance Policy produced in court also showed that the offending truck was insured on the date of the accident. Thereafter, the appellant had also failed to make any application under Section 170 of the Motor Vehicle Act, 1988. In view of the above, we find no merit in the appeal and the same is dismissed. Appeal dismissed.