- (1.) HEARD the learned counsel appearing for the parties in the limitation matter. The delay is of 49 days which has been sufficiently explained.
(2.) HENCE , the application is allowed and the delay in filing the appeal is condoned. The I.A. stands disposed of. These two appeals, one filed by the claimants -appellants being M.A. No. 106 of 2009 for enhancement of compensation awarded by Motor Accident Claims Tribunal, Bermo at Tenughat and another appeal has been filed by the Insurance Company being M.A. No. 206 of 2009 against the same judgment and award challenging the liability fastened upon it.
(3.) IT is a case of death of a child aged about 6 years. The Tribunal has awarded Rs. 1,50,000/ - on the basis of evidence brought on record. The Insurance Company has assailed the impugned judgment on the ground that the driver was not holding a valid driving licence. From perusal of the judgment, it appears that Surveyor and also the D.T.O. was examined who deposed that the driving licence was not under a particular serial number but he has deposed that the renewal of the driving licence was genuine.;