NATIONAL INSURANCE COMPANY LIMITED Vs. HAJI MANZOOR AHMAD

JUDGEMENT

(1.) In the instant application (CONC 1298/2015), the applicant seeks condonation of delay in filing an appeal under Sec. 173 of the Motor Vehicles Act, 1988 against an award dtd. 24/1/2012 passed by the Motor Accident Claims Tribunal, Anantnag (for brevity "Tribunal"), in Claim petition No. 6/2005 titled as "Muzaffar Ahmad Naikoo versus Nisar Ahmad Bhat and others".

(2.) The background facts those emerge from the case in hand are that on 14/11/2004 the vehicle of applicant met with an accident near Badigam, Aishmuqam, Anantnag, in which one Muzaffar Ahmad Naikoo (minor), who was on board the said vehicle when it turned turtle, got injured. It is stated that the minor sustained serious injuries in the accident fracturing his both legs which rendered him disabled. It is contended that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle.

(3.) It is being stated that the injured minor instituted a claim petition through his father Mohammad Ramzan Naikoo under Ss. 166/140 of Motor Vehicle Act in which an award of Rs.1,29,000.00 came to be passed by the Tribunal on 24/1/2012 against the insurance company and in favour of the claimant while giving recovery option to the insurance company against the applicant.