- (1.) This appeal has been preferred against the award dated 01.09.2007, whereby, the claimants were held entitled for compensation of Rs.5,95,864/- and Insurance Company was exonerated as it was found that the driver of the vehicle was not possessing a valid driving licence.
(2.) The appeal is barred by 613 days. In the application filed under Section 5 of the Limitation Act, it is stated that the award was passed ex parte against the appellants and an application under Order IX, Rule 13 CPC was moved before the Tribunal, which was rejected on 10.07.2009 and, within a period of one month, after the rejection of application under Order IX, Rule 13 CPC, this appeal has been preferred on 04.08.2009. It is claimed that the appellants had sufficient cause for the delay and, therefore, the same deserves to be condoned.
(3.) On the other hand, learned counsel for the respondentInsurance Company submitted that the application under Order IX, Rule 13 CPC itself was filed after a passage of one year from the date of passing of the award. It was also submitted that even on the merits, the appellants have no case and, therefore, the application for condonation of delay as well as the appeal deserve to be dismissed.;