NATIONAL INSURANCE CO LTD Vs. PREM LATA AGARWAL

JUDGEMENT

(1.) This is an appeal by Shri Natho Singh Rana, complainant against the dismissal of his complaint on the ground of limitation.

(2.) The order was passed on 6.4.1994. The appeal has been filed on 27.5.1994. The appeal is said to be barred by time. There is nothing on record to show when copy was applied for. But the copy has been received by the appellant on 2.5.1994. It is settled principle of law that limitation shall run from the date of receipt of the copy of the judgment by which the aggrieved party could know the contents of the judgment. However, the appeal was filed at Lucknow. It was admitted and registered there. Notice for hearing of the appeal was issued and when the appeal has been admitted and registered by the Commission, there is no power to review and recall and this Commission shall not be entitled to de-admit and de-register the appeal. The delay shall be deemed to have been condoned.

(3.) As regards merit of the order passed by the learned Forum, the learned Forum in one line passed the order that the accident took place on 16.12.1991. The complaint has been filed on 25.1.1994, therefore, it is barred by time. But the finding of the learned Forum is totally erroneous and illegal. He did not go through the allegations of the complainant. It is specifically alleged in the complaint that the claim of the complainant was repudiated on 3.1.1994 (para 7 of the complaint ). This allegation is totally admitted in para 7 of the written statement.