RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. NARESH WALIA

JUDGEMENT

(1.) Counsel for the parties present. There is a delay of 110 days' in filing this Revision Petition. The Petitioner has moved an application for condonation of delay. It is explained that the impugned order was rendered on 07.08.2015. The same was sent through speed post, but the petitioner received it, on 12.02.2015. The envelope has been placed on the record in this respect, which supports the version given by the cousel for petitioner / insurance company. Again, the service was effected at Patiala Branch. The Patiala branch sent the same to Chandigarh Branch, on 23.02.2015. Then the opinion was given/ obtained and the delay of 110 days' occurred. But, if the time of six months is deducted, then the delay will be reduced to almost, 'nil'.

(2.) Even, if we assume that the Chandigarh Branch received the copy on 23.02.2015, there is further delay of 06 months. Counsel for the petitioner submits that before the District Forum, complainant had filed photocopies, which are dim and cannot be read, immediately.

(3.) We have also seen the file at Page 19 of District Forum i.e. the intimation to the police, but no seal appears, thereon. The police did not sign it in token of its receipt. The counsel for the complainant admits that the main document is not available. He also submits that he did not file the affidavit of SHO. He also did not make any attempt to get the original produced from the police station. Again, there was intimation to the petitioner / insurance company after 02 days. Original of page no. 30 of District Forum has not been produced. There is no evidence as to who had received it. It neither bears the signatures nor the stamp. Consequently, it took time to find out these documents and as such the delay occurred.