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2019 Supreme(P&H) 2375

REKHA MITTAL
Balwan Singh – Appellant
Versus
M/s Bajaj Allianz General Insurance Co Ltd. – Respondent


Advocates Appeared:
Mr. Gagandeep Singh, Advocate, for the Appellant; Mr. Vishal Aggarwal, Advocate. Mr. Rajeev Dev Sharma, Advocate, Mr. Dinesh Mahajan, Advocate, Mr. Suvir Dewan, Advocate, for the Respondent

JUDGMENT

Rekha Mittal, J. - CM 21374 CII of 2016.

Prayer in this application is for condoning delay of 584 days in filing the appeal.

2. Heard.

3. In view of averments made in the application supported by an affidavit and arguments advanced, the application is allowed and delay of 584 days in filing the appeal stands condoned. Disposed of accordingly.

Main case

4. The registered owner of offending vehicle i.e. Gas Tanker No. HR 38 H 6597 is in appeal against award dated 02.12.2014 passed by the Motor Accidents Claims Tribunal, Pathankot (in short, 'the Tribunal') to the limited extent of findings on issue No. 3, on the basis whereof, the insurance company has been given right of recovery against the insured.

5. Counsel for the appellant would argue that this Court vide order dated October 22, 2016, had directed the appellant to supply a copy of report produced on record to the insurance company for necessary verification from the Licensing Authority, Jammu. He would further state that a copy of the report was supplied but till date, the insurance company has not submitted any verification report.

6. Another submission made by counsel is that there is no dispute between the parties t

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