Vijender Singh Malik, J.

1. Rajender Giri, the claimant, who had suffered injuries in a road side accident has brought FAO No.1124 of 2010. It has been brought with a delay of 216 days in filing the same. He has claimed that he has been working as a labourer in a factory and on account of the accident, his income had stopped and he was not in a position to even apply for copy of award, passed by the Tribunal. He has submitted that he could apply for the copy of award only on 08.09.2009 and the same was supplied to him on 11.09.2009 and, therefore, the delay in filing the appeal.

2. Learned counsel for the respondents in FAO No.1124 of 2010 have no serious objection to the prayer made in the application. In view of the same, the application for delay of 216 days in filing the appeal, is allowed.

3. For the reasons mentioned in the application, delay of 27 days in re-filing FAO No.3859 of 2009 is condoned.

5. In FAO No.3859 of 2009, the National Insurance Company Limited, saddled with the liability to pay compensation, has sought recalling of the order dated 22.02.2009 passed by learned Motor Accidents Claims Tribunal,Panipat (for short 'the Tribunal) and for grant of recove