NATIONAL INSURANCE COMPANYLTD Vs. SUMILA KUER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 20th August, 1999 passed in M.V. Claim Case No. 9 of 1999 by 6th Additional District Judge-cum-Additional M.V. Claim Tribunal, Aurangabad.

(2.) THE case of the applicant in the said claim case is that on 22-5-1998 while deceased Ramesh Kumar Singh along with his father got down from Arbind Baba Baidyu Nath Travels at G.T. Road By-pass, Aurangabad in order to catch another bus to complete his journey to his home at about 3.30 p.m., Chauhan Bus bearing Registration No. BR-26-H-6255 owned by one Smt. Deobashi Devi, wife of Jugal Kishore Singh of Aurangabad town and driven by her driver most rashly and negligently dashed said Ramesh Kumar Singh who died on the spot.

(3.) IN the limitation petition, it is started that the limitation expired on 21-12-1999. The only explanation for the delay in filing of the appeal is that the learned Court below in paragraphs 4 and 17 of the judgment and in award committed error and instead of mentioning "M/s. National INsurance Company Ltd.", mentioned "M/s. New INdia Assurance Company Ltd.", for correction of which the appellant filed a petition under Section 152, C.P.C. and the learned Court below, vide order dated 16-2-2000, instead of introducing correction in the said paragraphs 4 and 17 and award ordered correction in paragraph 4 only and allowed error to continue in operative part of the judgment in paragraph 17 and as a result, the error in award still continues. It is stated that the appellant instead of further waiting for fresh correction in paragraph 17 and award filed this appeal within 90 days of the order of correction dated 16-2-2000 and on this ground has sought for condonation of delay in filing of the appeal.