LAWS(J&K)-2005-12-15

NATIONAL INSURANCE COMPANY Vs. BHAGIRATH SINGH

Decided On December 13, 2005
NATIONAL INSURANCE COMPANY Appellant
V/S
Bhagirath Singh and Ors. Respondents

JUDGEMENT

(1.) APPLICANTS seek condonation of delay in filing Letters Patent Appeals against judgment dated 12.08.2005 of a learned Single Judge of this Court whereby appeals filed under Section 173 of the Motor Vehicles Act, 1988, have been rejected by the learned Judge as time barred and applications filed seeking condonation of delay of 116 days also dismissed.

(2.) WE deem it proper to allow these applications and condone the delay in filing appeals before us because we would like to consider as to whether or not, the Appellant -Insurance Company had succeeded in projecting sufficient cause, which prevented it from preferring appeals in time under Section 173 of the Motor Vehicles Act, 1988. We order accordingly.

(3.) THE Appellants -Insurance Company sought condonation of delay in filing appeals before the First Appellate Court on the following grounds: