NATIONAL INSURANCE CO. LTD Vs. MEENA KUMARI

JUDGEMENT

(1.) THOUGH this application has been contested on behalf of the respondents, however, looking to the facts detailed in the application which is duly supported with the affidavit of Sh. Arun Ahluwalia, Administrative Officer of the appellant Insurance Company at its Divisional Office, Shimla, I am satisfied that delay in filing the appeal was neither wilful nor intentional At the same time, I am also satisfied that sufficient cause is made out for condonation of delay in filing this appeal. This application is allowed. Heard learned Counsel for the parties present and have also examined the to record of the Trial Court with their assistance.

(2.) MR . Sharma, learned Counsel for the appellant has made two-fold prayer in this case. Namely, that the driver was not legally authorized to drive the vehicle in question on the day of Accident. Because he did not possess a valid driving licence as envisaged under the provisions of Motor Vehicles Act, 1988. In addition to this, he also pointed out the exorbitant compensation has been allowed, that too without; taking note of the provisions of Income Tax Act while assessing the same. For reasons to be recorded hereinafter both these pleas are being rejected at the admission stage.

(3.) IN this behalf when a reference is made to the record of the Tribunal below, it is evident that though licence clerk form Amritsar had been summoned. Sufficient opportunity was allowed to the present appellant in this appeal by the Tribunal below. Yet he was not produced and examined. Finally on 2nd December, 2002 last chance was allowed, when amongst other things, it was ordered that the appellant on filing fresh process fee would obtain dasti summons for the service of the witness for the date of fixed. Thereafter the case came up on 20th December, 2002, the next date fixed for examination of the witness as per order dated 2nd December, 2002. Despite last chance, when no steps were taken, evidence of the appellant was closed on 30th December, 2002.