NATIONAL INSURANCE CO LTD Vs. TAHIRA BEGUM

JUDGEMENT

(1.) APPELLANT National Insurance Co. Ltd. has sought condonation of delay in filing appeal C.I.M.A. No. 163 of 2007 against the award dated 28.4.2007 of the Motor Accidents Claims Tribunal, Kishtwar, on the ground that its counsel did not inform it about the decision of the Motor Accidents Claims Tribunal, Kishtwar, as a result whereof the appeal could not be filed within the period prescribed therefor.

(2.) REFERRING to the merits of the case, the issue raised in the appeal and the prompt action taken by the insurance company in filing the appeal immediately after having come to know about the award of the Tribunal, the insurance company seeks condonation of delay which had occasioned because of negligence of its counsel, and for hearing the appeal on merits.

(3.) NATIONAL Insurance Co. Ltd. has filed these two appeals questioning the awards dated 5.2.2007 and 28.4.2007 of the Motor Accidents Claims Tribunal, Kishtwar, awarding Rs. 10,31,896 in File No. 103/ Claim and Rs. 11,12,068 in File No. 97/ Claim, as compensation for the death of Irshad Ahmad Sheikh and Arshad Hussain respectively, who had succumbed to the injuries received by them on 23.11.2004, while travelling in a motor vehicle, Tata Sumo bearing registration No. JK 03-K 1540, which had been driven rashly and negligently by its driver on the Kishtwar Paddar Road, at Naw Natnoo Morh.