NATIONAL INSURANCE COMPANY LIMITED Vs. MUSHTAQ AHMAD KUTARY

JUDGEMENT

(1.) Delay of 88 days in filing Petition seeking review of judgement/ order dtd. 10/3/2015 passed in CIMA no.77/2014 titled National Insurance Company Limited v. Mushtaq Ahmad Kutay and others, is sought to be condoned.

(2.) Instant application has been filed on 8/7/2015. The delay is not such as if it could be said or termed to be inordinate one. As rightly pointed out by learned counsel for respondent no.3/review petitioner that the Appeal (CIMA no.77/2014) was listed before a Bench of this Court on 10/3/2015 and was decided on the same day, although dismissed, yet right of recovery was given against owner on the ground of engaging a driver with licence not carrying 'PSV' endorsement. According to learned counsel, respondent no.3/review petitioner came to know about passing of judgement/order dtd. 10/3/2015 only when recovery petition was filed before the Tribunal and he was summoned to appear before it and, accordingly, he applied for certified copy of judgement dtd. 10/3/2015 and subsequently approached this Court.

(3.) In view of above, there is sufficient cause shown by applicant for consideration and, resultantly, the application is allowed and delay of 88 days in filing Review Petition is condoned.