UNITED INDIA INSURANCE CO LTD Vs. GH ALI

JUDGEMENT

(1.) APPLICATION has been admitted praying condonation of delay of 370 days in filing the appeal against award passed by Motor Accident claims Tribunal, Kargil on 15.9.1997. The main ground taken in the petition is that Mr. Murtaza was appointed advocate to represent the petitioners at Kargil. But the learned advocate did not intimate about the information of passing of the award against the petitioners in time, due to which the petitioners could not acquire knowledge about the disposal of the petition in the year 1997. It was only when Shri H.S. Mehta the Investigator visited the Kargil that the petitioners acquire knowledge of the disposal of the petition in the year 1997. On these grounds the prayer is made for condonation of delay.

(2.) HEARD learned counsel for the parties and perused the file.

(3.) THE only ground taken in the petition is that the counsel was negligent and did not inform petitioners about date of passing of the award in time, So the appeal date of passing of the award in time, so the appeal could not be filed within the period of limitation. The pleas of the negligence of lawyer in the facts and circumstances of the present case is not impressive.