LAKHPATI AND ANOTHER Vs. SUNIL MALIK AND OTHERS

JUDGEMENT

(1.) Cm-14308-14309-Cii-2012 Heard. There is delay of 357 days in filing and 83 days in refiling the appeal.

(2.) Counsel for the appellants has submitted that the deceased was the only bread winner of the family and the appellants could not file the appeal in time due to financial strains. The delay in re-filing the appeal was due to lapse of counsel for the appellant as his clerk misplaced the file after objections were raised by the registry.

(3.) Counsel for respondent No.3-insurance company has argued that the ground raised by the appellants is not tenable as the amount of compensation was deposited on 12.01.2011 and withdrawn by the claimants on 05.02.2011, as such, it cannot be said that they were having financial strains.