NEW INDIA ASSURANCE COMPANY LTD Vs. ANU KUMAR

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment, since they arise out of the same accident.

(2.) Before coming to the merits of the case, it would be appropriate to consider the application for condonation of delay being CMP No. 373 of 2011 filed in FAO No. 131 of 2011. Admitted facts of the case are that the award was announced on 11th December, 2009 and certified copy of the award attached with this appeal shows that it was prepared on 22nd December, 2009. Appeal was, however, filed on 7th April, 2011 and was barred by 383 days.

(3.) It would be pertinent to mention that an appeal had already been filed by the Insurance Company. No doubt, the Insurance Company was not entitled to challenge the award on the issue relating to negligence of the driver but when an appeal of the Insurance: Company is pending and during the pendency of the appeal the owner also files an appeal for proper appreciation of the case, it would be appropriate to hear both the cases. For the aforesaid reasons, the delay in filing the appeal is condoned.