NATIONAL INSURANCE COMPANY LIMITED Vs. LALITA DEVI

JUDGEMENT

(1.) This application has been filed for condoning the delay of 57 days which has occurred in preferring the appeal.

(2.) Brief facts which would be necessary for consideration of LIS, stands enumerated as under:

(3.) The respondents no.1 and 2, being the driver and the owner respectively, responded to the notice issued by the Tribunal and contested the claim by filing written statement, in which they denied the allegations made in the claim petition, specifically regarding the time, date, place and manner of accident. Their case is that no such accident had taken place involving their vehicle and a false case has been registered by the petitioners/claimants in collusion with the police. However, at the same time it has also been stated by them that in case the Tribunal comes to the conclusion that the claimants are entitled for compensation then, since the vehicle was duly insured with respondent no.3 and respondent no.1 (the driver) was holding a valid and effective driving licence at the time of accident, respondent no.3-Insurance Company should be held liable to indemnify the liability of the insured, i.e. respondent no.2.