- (1.) This First Appeal From Order under Order XLIII Rule 1(d) of the Code of the Civil Procedure has been filed against the order dated 3.8.2009 passed by the Motor Accident Claims Tribunal, Meerut rejecting the appellant's application under Section 5 of the Indian Limitation Act and consequently having the effect of dismissing the application under Order IX Rule 13 for setting aside the award dated 21.10.2008 passed in MAC No. 541 of 2006 Manoj Kumar Vs. Praveen Kumar and others.
(2.) Heard Sri Shodan Singh, learned counsel for the appellant and Sri Rahul Sahai, learned counsel appearing for the respondent and with the consent of the parties the appeal is being decided finally.
(3.) The tribunal vide its award dated 21.10.2008 awarded a sum of Rs. 4,68,000/- with 6% interest to the claimant. Out of the aforesaid compensation, 80% was directed to be paid by the Oriental Insurance Company and 20% by the respondent ICICI Lombard General Insurance Company Limited and the said company was given right to recover the said amount from the owner of the vehicle.;