S. Tarlochan Singh vs Raja Begum - 2021 Supreme(J&K) 585

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 585

JAVED IQBAL WANI
S. Tarlochan Singh – Appellant
Versus
Raja Begum – Respondent

Advocates Appeared:
For the Petitioner: J.P. Gandhi.
For the Respondent: Vishnu Gupta; Surinder Kour; Sunil Kumar.

JUDGMENT :

1. This order shall dispose of the application seeking condonation of delay in filing an appeal against the award dated 23.08.2008 (hereinafter 'impugned award') passed by the Motor Accident Claims Tribunal, Ramban (hereinafter 'Tribunal') being File No. 2/C titled as Raja Begum vs. Mohd. Latif and others.

2. The facts those emerge from the perusal of the case are that an award/judgment came to be passed by the Tribunal on 23.08.2008, against the applicant herein being respondent No. 2 in the claim petition.

3. It is stated that applicant was not having any knowledge with regard to the filling of the aforesaid claim petition before the Tribunal, as no service has been effected upon him in the said claim petition. It is stated that Tribunal without effecting service upon him has passed the impugned award by virtue of which he has been directed to satisfy the award amount i.e., Rs.3,22,000/- along with interest @ 7.5% p.a.

4. It is being stated that applicant came to know about the passing of the impugned award only on 14.09.2010 and he immediately contacted his counsel who appeared before the Tribunal.

5. On the basis of the aforesaid explanation as contended in the appli