LAWS(JHAR)-2009-9-42

KARUNA DEVI Vs. NATIONAL INSURANCE CO.LTD

Decided On September 02, 2009
Karuna Devi Appellant
V/S
National Insurance Co.Ltd. with Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties in the limitation matter. The delay is of 49 days which has been sufficiently explained.

(2.) HENCE , the application is allowed and the delay in filing the appeal is condoned. The I.A. stands disposed of.

(3.) IT is a case of death of a child aged about 6 years. The Tribunal has awarded Rs. 1,50,000/ - on the basis of evidence brought on record. The Insurance Company has assailed the impugned judgment on the ground that the driver was not holding a valid driving licence. From perusal of the judgment, it appears that Surveyor and also the D.T.O. was examined who deposed that the driving licence was not under a particular serial number but he has deposed that the renewal of the driving licence was genuine.