UNION OF INDIA Vs. FATIMA BIBI

JUDGEMENT

(1.) AGGRIEVED by interim award dated 07 -05 -2005 of Motor Accidents Claims Tribunal, Doda, awarding an amount of Rs. 50,000/ - as compensation in favour of the respondents -claimants on the principle of 'no fault liability', Union of India has preferred this appeal questioning the award on the solitary ground that no a rmy vehicle of 17/ Rashitray Rifles was involved in the accident and without there being any prima facie proof as to the involvement of the army vehicle, the Tribunal had erred in issuing the interim award of Rs. 50,000/ -, along with an application seeking condonation of 107 days delay in filing the appeal.

(2.) IT has been stated by the Union of India that the certified copy of the interim award dated 07 -05 -2005 was received by it on 05 -08 -2005. After discussing the matter at various levels, the case was sent to the Command Headquarters on 01 -09 -2005 when a decision was taken to file an appeal against the interim award. It is further stated by the Union that sanction was accorded for filing the appeal only on 05 -10 -2005 and the sanction letter was received on 10 -10 -2005 whereafter the Union counsel was contacted on 15 -10 -2005 for his advice. Great deal of Inter se correspondence is stated to have taken place between 16 Corps, Northern Command and the Army Head Quarters which process consumed much time rendering the appeal time barred.

(3.) MR . Magoo, Learned Assistant Solicitor General of India, appearing for the applicants -appellants submitted that delay in filing the appeal was unavoidable and should be condoned for deciding the case on merits.