LAWS(P&H)-2004-10-4

NATIONAL INSURANCE O LTD Vs. CHAND KAUR

Decided On October 01, 2004
NATIONAL INSURANCE CO. LTD. Appellant
V/S
CHAND KAUR Respondents

JUDGEMENT

(1.) As per office report, respondent Nos. 6, 7 and 8 have been duly served, whereas respondent No. 9 had refused to accept the notice and notice was received by his brother. However, no one was present on behalf of these respondents.

(2.) After hearing learned counsel for the appellant insurance company and perusing the record, in our opinion, there are sufficient grounds to condone the delay of one day in filing the appeal. Hence, application under section 5 of the Limitation Act is allowed and delay in filing the appeal is condoned.

(3.) Thus, the appeal has been filed by the appellant insurance company against the award given by the Motor Accidents Claims Tribunal, Rohtak, vide which a sum of Rs. 4,00,000 has been awarded as compensation to the claimants for the death of Rajbir deceased in a motor vehicular accident.