UNITED INDIA INSURANCE CO. LTD Vs. SAVITRI DEVI

JUDGEMENT

(1.) By way of Instant Application, a prayer has been made to condone the delay of 7 years, 11 months 28 days in filing the Review Petition against Judgment, dtd. 28/7/2015 passed by this Court in F.A.O. No.213 of 2015, titled Savitri Devi v. Bharti Filling Station and another.

(2.) Respondent No.1 (hereinafter referred to as the Claimant) had instituted a Claim Petition W.C.A. No.26/2 of 2011 under the provisions of Employee's Compensation Act, before the Commissioner, Employee's Compensation, Solan impleading inter alia M/s. Bharti Filling Station as Respondent No.1 and Insurance Company as Respondent No.2. In the cause title of the W.C.A. No.26/2 of 2011, the particulars of Insurance Company were mentioned as under:

(3.) During the pendency of W.C.A. No.26/2 of 2011, the Petitioner herein (hereinafter referred to as te Insurance Company) was named as the Insurance Company. The Insurance Company contested the claim in W.C.A. No.26/2 of 2011. The Claim Petition was dismissed by learned Commissioner vide Order, dtd. 23/9/2014. The Claimant filed an appeal before this Court against the Order, dtd. 23/9/2014 passed by learned Commissioner in W.C.A. No.26/2 of 2011. The Appeal came to be registered as F.A.O. No.213 of 2015. This Court allowed the Appeal vide Judgment, dtd. 28/7/2015 and fastened the liability to pay a sum of Rs.12,28,197.18 on Insurance Company towards the Claimant. The Insurance Company was directed to pay the principal amount as well as interest, whereas the liability to pay the penalty was fastened on M/s. Bharti Filling Station.