KANWALJEET SINGH GULATI Vs. SHAHNI DEVI AND OTHERS

JUDGEMENT

(1.) This application has been filed for condonation of delay of 311 days in filing the appeal against the award passed by MACT II Kangra at Dharamshala in MAC Petition No. 103-N/II/2013/2010.

(2.) In para 2 of the application, it is stated that applicant was never served in the claim petition filed on behalf of respondent No. 1 and he came to know about the passing of award against him on receipt of notice in FAO No. 277 of 2017, filed by respondent No. 2, Rakesh Kumar against impugned award in this Court.

(3.) Respondent No. 2 Rakesh Kumar was driving the vehicle at the time of accident in question. According to applicant, after service of notice in the appeal filed by driver, he engaged the counsel at Shimla and put in appearance in FAO No. 277 of 2017 on 30.6.2017 and thereafter applied for certified copy of impugned award on 4.7.2017 and the certified copy was prepared on 25.7.2017 and received by him on 30.7.2017. According to him, Whether the reporters of the local papers may be allowed to see the Judgment? Yes he was advised that he had two remedies available with him i.e. either to challenge the order vide which he had proceeded ex-parte or to file an appeal against ex-parte award before this High Court and thereafter he tried to engage a lawyer at Dharamshala, but later on he decided to file an appeal before this High Court and accordingly proposed appeal along with this application has been filed.