JUDGMENT :

1. This order shall dispose of the application seeking condonation of delay in filing of an appeal under Section 173 of the Motor Vehicle Act, 1988 against the award of the Motor Accident Claims Tribunal, Jammu (hereinafter 'Tribunal'), being claim petition No. 100/Claims titled as Surinder Kumar Thusu vs. New India Assurance Co. Ltd. dated 31.05.2010.

2. The facts those emerge from the perusal of the case are that an award/judgment came to be passed by the Tribunal on 31.05.2010, against the applicant-company herein being respondent No. 1 in the claim petition.

3. It is stated that the applicant-company upon receipt of the award from the counsel referred the same along with the detailed opinion of the dealing counsel to the retainer of the company for his opinion in the matter being a usual practice thereon. It is stated that the retainer of the applicant-company after going through the entire record including the award/judgment as also the opinion of the dealing counsel, submitted an opinion that the award be satisfied subject to the verification of the medical bills and that while going through the award it came to be noticed that the respondent/non-applicant No. 1 herei