JUDGMENT

Rekha Mittal, J. (Oral) - CM-27921-CII-2017

1. Prayer in this application is for condoning delay of 781 days in filing the appeal.

Counsel for the applicant-appellant would urge that as the applicant was given an impression that liability to pay compensation would be that of the insurance company and he came to know about recovery right given in favour of the insurer on 15.12.2017 when notice of execution petition was received by him, delay in filing the appeal is neither intentional nor mala fide and the same may be condoned.

Another submission made by counsel is that due to delay in filing the appeal, no third party rights have been created when otherwise the meritorious claim may not be rejected at the threshold on technical considerations.

The insurance company has not filed any response to controvert the averments raised in para 2 of the application.

I have heard counsel for the applicant, perused the averments raised in the application supported by an affidavit of applicant/appellant.

There is nothing on record suggestive of the fact that the applicant gained in any manner by delaying filing of the appeal. As per the settled position in law, the Court has to adopt lib