- (1.) On going through the application for condonation of delay and after hearing the learned Counsel appearing on behalf of the appellant -insurer, we are satisfied that there was sufficient cause for the delay in filing the appeal. The delay of 44 days in filing the appeal (as per report of the Stamp Reporter) is condoned.
(2.) The appeal be registered and proceeded with. The application for condonation of delay being C.A.N. 1286 of 2016 is, thus, disposed of.
(3.) This appeal is against Judgment and Award dated 26th August, 2015 passed by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Fast Track, 1st Court, Asansol, Burdwan in Motor Accident Claim Case No. 09/2014/M.A.C. No. 91/2013 filed by the respondent nos.1 to 4 claiming compensation under Section 166 of the Motor Vehicles Act, 1988 on account of the death of one, Tapan Roy, a constable in a motor accident. From the judgment and award under appeal it appears that the offending vehicle being Truck No. BR -23A -4722 owned by the respondent no.5 was fully covered by a policy of insurance issued by the appellant insurer, National Insurance Co. Ltd. Counsel appearing on behalf of the appellant insurer prayed for stay of the award under appeal contending that the offending vehicle did not have valid registration and as such the insurer was not liable. Secondly, it was contended that the income was inflated.;