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JAVED IQBAL WANI
National Insurance Co. Ltd. – Appellant
Versus
Javid Ahmad Malik – Respondent
JUDGMENT :
1. In the instant application, applicant-company seeks condonation of delay in filing an appeal under Section 173 of the Motor Vehicles Act, 1988 against an award dated 27.05.2013 passed by the Motor Accidents Claim Tribunal, Ramban (“for brevity” Tribunal), in Claim petition No. 19/2013 titled as 'Javid Ahmed Malik vs. Mohd. Yaqoob Rather and others'.
2. The background facts those emerge from the case in hand are that on 02.05.2004. Non-applicant/respondent No.1 herein while riding a scooter met with an accident and received injuries as a result of which he suffered permanent disablement to the extent of 30%. The claimant-respondent No.1 at the time of accident was 30 years old.
3. The Non-applicant/respondent No. 1 instituted a claim petition under Sections 166/140 of Motor Vehicle Act and a contesting award came to be passed by the Tribunal on 27.05.2013 allowing an award of Rs.1,40,000/-.
4. The aforesaid award (supra) is questioned in the appeal accompanying the instant application.
5. The case set up by the applicant-company in the application for condonation of delay in filing the appeal is that upon passing of the award on 27.05.2013 by the Tribunal, the applicant-com
The decisive factor in condonation of delay is the sufficiency of a satisfactory explanation, and diligence and commitment are crucial in filing appeals, especially in cases related to compensation f....
The main legal point established in the judgment is the requirement for a sufficient cause for not preferring the appeal within the prescribed period, emphasizing the need for a justice-oriented appr....
The court emphasized the need for a sufficient and satisfactory explanation for condonation of delay and highlighted the importance of a justice-oriented approach and diligence in filing appeals agai....
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
The main legal point established in the judgment is that lack of knowledge of a judgment and order until receiving a certified copy can constitute 'sufficient cause' for condoning the delay in filing....
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