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2018 Supreme(Raj) 1987

P.K. LOHRA
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Lehri Devi Meghwal – Respondent


Advocates Appeared:
Mr. Vishal Singhal, Advocate, for Appellant; Mr. Vinod Choudhary, Advocate, for Respondent

JUDGMENT

P.K. Lohra, J. - The instant appeal by the insurer is reported to be barred by 58 days.

2. For seeking condonation of delay, appellant has filed an application under Section 5 of the Limitation Act duly supported by affidavit of authorized signatory.

3. Subsequently, on behalf of appellant, one additional affidavit is also tendered for explaining delay with clarity and precision. The application for condonation of delay is not contested by respondent-claimants inasmuch as no counter to the same is filed.

4. Upon hearing learned counsel for the parties and perusal of the application as well as additional affidavit, I feel persuaded to accept the same. Accordingly, the application under Section 5 of the Limitation Act is allowed and delay in filing the appeal is condoned.

5. With the consent of learned counsel for the parties, matter is heard finally at this stage.

6. Appellant-Insurance Company has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') assailing the judgment and award dated 30th of June, 2017, passed by Motor Accident Claims Tribunal, Barmer (for short, 'learned Tribunal'). The learned Tribunal, by the impugned judgment an

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