NARESH KUMAR Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Applicant, Naresh Kumar has filed the appeal against the Award passed by the Motor Accident Claims Tribunal, Jammu vide dtd. 27/6/2009. Along with the appeal, he has also filed an application for condonation of delay of more than 506 days in filing the appeal. It is submitted in the application that he was not aware of filing of any claim petition against him as no notice was served upon the appellant in the claim petition.

(2.) The respondents herein filed application for recovery of amount against the appellant as the liability was fastened upon the applicant and respondent Nos. 2 and 3. The Tribunal passed an order for seizure of shop of brother of appellant and the shop was seized on 23/1/2011. The appellant engaged a counsel who informed him about the passing of award by the Tribunal IA No. 27/2013 against him. The delay in filing the appeal is not intentional is what is pleaded in the application.

(3.) The objections to the application have been filed by the respondent-Insurance Company as well as respondent Nos. 2 and 3 jointly. The Insurance Company in its objections has submitted that the petitioner was duly served through the agency of the District Court and despite service failed to appear before the Tribunal. There is no sufficient cause for delay in filing the appeal. The appeal having been filed after three years from the date of passing of the award without any sufficient cause the application is required to be dismissed.