NATIONAL INSURANCE COMPANY LIMITED Vs. MADHURI AGRAWAL

JUDGEMENT

(1.) THIS interlocutory application has been filed for condoning the delay in filing civil revision application.

(2.) INITIALLY Misc. Appeal No. 11 of 2006 was filed against the judgment and decree dated 24.3.2005 and 7.4.2005 passed in Claim Case No. 20/5 of 1999/ 2004. By the impugned judgment and decree the Insurance Company was directed to pay the amount of compensation of Rs. 4,96,548.00 to the claimant after deducting the amount already paid under Sec.140 of the Act.

(3.) THE limitation for filing misc. appeal has expired on 11.7.2005 and it was filed on 10.1.2006. In the limitation petition it has been stated that after receiving the judgment Branch Office of the appellant took opinion of the panel lawyer who opined that the company may file an appeal within a period of 90 days. Thereafter the divisional office took opinion of the panel lawyer and came to the conclusion that the appeal should be filed against the impugned judgment and award and accordingly file was sent to Regional Office at Patna which was received on 4.11.2006. Since internal audit was going on in the month of November, the officials of the legal department could not see the file. Lastly after departure of the audit team official of the legal department could see the file on 5.1.2006. Thereafter the panel lawyer sought time for filing appeal which has already expired and subsequently it was filed on 10.1.2006.