BASHIR AHMAD DAR Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) A claim petition for grant of compensation in the amount of Rs. 4.10 Lakhs, was filed by one Haji Mohammad Shaban Dar (father of applicants 1 to 4 herein) before the Motor Accident Claims Tribunal, Srinagar, on 14th September 1984, which was transferred to Motor Accident Claims Tribunal, Pulwama (for short 'Tribunal') on 17th August 1988. The Tribunal vide Award dated 26th October 1999 granted compensation of Rs. 1,28,000/- with interest @ 6% from the date of institution till final realization. A transfer application appears to have been filed, which was allowed and matter was transfer to Tribunal at Srinagar. An execution petition was filed before Tribunal/Executing Court at Srinagar, which was allowed vide order dated 7th March 2007, which was challenged in an Appeal, being CIMA no. 120/2007. The Appeal was allowed and order was set-aside vide judgment 18th December 2008. Letters Patent Appeal was preferred by applicants, which was dismissed vide judgment dated 11th March 2009; against which Petition for Special Leave to Appeal (Civil) No. 14205/2009 was preferred before the Supreme Court. The appeal came for up consideration before the Supreme Court on 13th April 2012, which was dismissed as withdrawn with certain observations/directions. It would be appropriate to reproduce the order dated 13th April 2012 hereunder:

(2.) In terms of above Order dated 13th April 2012 of the Supreme Court, eight weeks' time was given to applicants to approach this Court with application for condonation of delay as also an Appeal.

(3.) I have heard learned counsel for parties and considered the matter.