RAJ SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) IN the three claim petitions 14/1997, 15/1997 and 564/1997, Motor Accident Claimâ„¢s Tribunal Jammu awarded Rs.89,560/ -; 46,500/ - and 1,12,800/ - to Davinder Kumar, Sita Ram and Joginder Kumar respectively for the injuries which each of them sustained in a road accident involving Motor Vehicle (Matador) with Registration mark and No. JK02F 1281 at or near Makhanpur, when the vehicle was being driven by its driver Ghari Singh Charak. The above awarded compensation was ordered to be met by the National Insurance Company, the respondent. Against the award of August 28, 1998 which governs all three claims, three first statutory appeals (CIMA 244/98, CIMA 245/97 and CIMA 246/97) were filed. The appellate forum of the learned Single Judge of this court while maintaining quantum of the award modified it to hold that the National Insurance Company appellant is not liable and the award money is to be born and met by the owner. The appeals were accordingly allowed by judgment dated 12 -11 -1999 by the first appellate court.

(2.) AGAINST this judgment of the appellate court one Raj Singh s/o Buti Singh moved an application accompanied by a memo of LPA on 18 -10 -2000 for condonation of delay. The appeal is beyond time by 276 days. This delay is prayed to be -condoned on grounds taken up in the application. Objections have been filed by the respondents on behalf of contesting respondents.

(3.) IT is alleged that when the MACT Jammu initiated recovery proceedings, the claimants filed application naming and placing on record the legal representatives of respondent owner of the vehicle viz, Buti Singh. The Tribunal issued notice to legal representatives including the appellant/applicant on 18 -09 -2000. It was only thereafter when he appeared before the Tribunal with his counsel that he came to know that the High Court had disposed of the Appeal finally on 12 -11 -1999, though on this date Buti Singh was alive and died only in the month of December, 1999. The applicant got knowledge only on 18 -09 -2000 after receiving notice.