ISRAFIL AND ORS. Vs. MAHESHWAR GIRI AND ORS.

JUDGEMENT

(1.) Heard. Since the present appeal has been filed after expiry of period of limitation the appellants have filed an interlocutory application i.e. I.A. No. 3855 of 2014 for condoning delay in filing the appeal. It has been pleaded that delay of 1 month 6 days has occurred in filing the appeal. However, office has reported that delay of 1 year 4 months 18 days has occurred. The fact remains that judgment by the Tribunal was passed on 18th April 2012 and thereafter, the present appeal was preferred on 29/11/2012, however, it was filed even without copy of award. Subsequently, copy of award was filed by the appellants on 14/2/2014.

(2.) After hearing learned counsel for the appellants and Sri Bimlesh Kumar Jha, learned counsel for the respondent/New India Assurance Co. Ltd. and considering the grounds set forth in the petition, the court is satisfied with the reasons for delay in filing the appeal, and accordingly, the interlocutory application/ limitation petition stands allowed. The delay in filing the appeal is condoned.

(3.) Heard Sri Alok Kumar Shahi, learned counsel for the appellants and Sri Bimlesh Kumar Jha, learned counsel, who has appeared on behalf of respondent no. 3/ New India Assurance Co. Ltd. Since the present appeal has been filed for enhancement of the compensation amount and liability has already been accepted by the insurer of the offending vehicle i.e. respondent no. 3, this appeal was heard even in absence of owner and driver of the offending vehicle.