NATIONAL INSURANCE COMPANY LIMITED Vs. GULZAR AHMAD NAJAR
LAWS(J&K)-2020-12-49
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 01,2020

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Gulzar Ahmad Najar Respondents


Referred Judgements :-

NATIONAL INSURANCE CO. LTD. V. NASIB CHAND [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. SINITHA [REFERRED TO]
GOURI RAINA VS. KH. HABIB-ULLAH NAJAR [REFERRED TO]


JUDGEMENT

VINOD CHATTERJI KOUL, J. - (1.)While preferring Civil Miscellaneous First Appeal against Award dated 15th October 2014, passed by Motor Accident Claims Tribunal, (Principal District and Sessions Judge) Budgam, delay of 434 days has occurred to applicant Insurance Company. According to applicant, delay was not deliberate or intentional. It is averred that applicant immediately upon passing of Award, field an application before the Tribunal for shifting liability to satisfy interim-Award upon respondent no.5, but the said application was dismissed by Tribunal vide order dated 5th August 2015. It is maintained that all the offices in the Valley were busy in settlement of claims arisen after floods of September 2014, and therefore, priority was given to the said claims and in this process furnishing of documents to Regional Office got delayed and the authority to satisfy the Award or to file Appeal against the same lies with Regional Office of Insurance Company at Chandigarh. The award along with case-file of claim petition is stated to have been sent by Divisional Office, Srinagar, to Regional Office, Chandigarh, and after asking for various documents, applicant was advised to file appeal against interim-Award. It is, thus, prayed by applicant Insurance Company that delay in filing the Appeal may be condoned.
(2.)Application, taken into consideration averments made therein, reflects and portrays a sufficient cause for condoning delay. The same is, accordingly, allowed and delay in filing the Appeal is condoned. CONC disposed of.
(3.)Appeal is taken on board for final disposal. Mac App no.60/2020
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