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1994 Supreme(J&K) 76

M.L.KOUL
Oriental Insurance Co. Ltd. – Appellant
Versus
Zarifa – Respondent


Advocates Appeared:
Advocate For Appellant: H.L. Chaudhery
Advocate For Respondent: D.S. Thakur
Advocate For Respondent: M.K. Bhardwaj

The appellant/applicant, Oriental Insurance Company, is seeking the condonation of delay by filing this CMP under Section 5 of the Limitation Act in filing the Appeal under Section 173 of the Motor Vehicles Act, 1988, with regard to the judgment and award passed by the Motor Accidents Claims Tribunal at Ramban, on 23-12-1992.

2. The judgment and award was passed by the Tribunal in presence of the counsel for the parties on the aforesaid date and the counsel for the appellant/insurance company filed an application for the issue of certified copy of the judgment on 16-1-1993. The said copy was prepared on 20-1-1993 and delivered on 22-1-1993. In the application it has been urged that the copy of judgment was sent by post to the Insurance Company, which was received by it at Jammu on 29-1-1993. As the case was not within the financial competence of the applicant/appellant, therefore, after obtaining legal opinion at Jammu, the case was sent to the Regional Office at Chandigarh on 15-2-1993. The Regional Office after the receipt of the papers secured legal opinion and as the case involved some important legal question, it was returned to the Companys office at Jammu, for filing an appea























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