LAWS(HPH)-2014-4-5

ORIENTAL INSURANCE COMPANY LTD. Vs. BIRMA DEVI

Decided On April 28, 2014
ORIENTAL INSURANCE COMPANY LTD. Appellant
V/S
Birma Devi and Others Respondents

JUDGEMENT

(1.) THE applicant/appellant has instituted an appeal against the award dated 17.1.2012 rendered by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr in M.A.C. Petition No. 85 of 2009. The appeal is barred by one year, two months and twelve days. Hence, the present application.

(2.) ACCORDING to the averments contained in the application, learned advocate appearing on behalf of the insurance company applied for the certified copy of award on 18.1.2012. It was received by him on 4.2.2012. He sent the same to the Divisional Office, Shimla in the month of February, 2012. However, the records sent by the counsel got misplaced in the connected appeals. When the learned counsel, who had conducted the case before the Motor Accident Claims Tribunal, asked for the release of legal fee in the month of June, 2013, it transpired that certified copy of the award was not on the record. In these circumstances, learned counsel advised the Divisional Office, Shimla to obtain fresh copy of the award. Thereafter, certified copy was applied on 24.6.2013. It was supplied on 25.6.2013. Thereafter, it was sent to the office of the applicant at Shimla on 27.6.2013.

(3.) THE applicant has not explained satisfactorily an inordinate delay in filing the appeal. It is settled law that Courts ought to be liberal while considering application under Section 5 of the Limitation Act, but at the same time, the rights which have accrued to the opposite party cannot be overlooked.