JUDGMENT :

SANJEEV SACHDEVA, J.

C.M. APPL. No. 25794/2021 (exemption)

Exemption is allowed subject to all just exceptions.

C.M. APPL. No. 25795/2021

1. The hearing was conducted through video conferencing.

2. Appellant seeks condonation of delay of 791 days in filing the appeal.

3. Appellant is the owner of the offending vehicle. It is contended by learned counsel for the appellant that appellant was proceeded ex-parte before the Tribunal. Learned counsel submits that since the vehicle of the appellant was insured with respondent No. 1, appellant was of the view that the Insurance Company would defend the proceedings and accordingly did not choose to defend the same and was proceeded ex-parte. It is only when the execution was filed that the appellant became aware that recovery rights had been given to the Insurance company against the appellant.

4. Learned counsel submits that the appeal raises a pure question of law.

5. Issue notice. Notice is accepted by learned counsel appearing for respondent No. 1. Since the dispute is only with regard to grant of Recovery rights to Respondent No. 1 service of Respondent No. 2 is dispensed with.

6. In view of the above submissions as well as the averme