- (1.) The National Insurance Company Ltd. has preferred this present appeal against the award dated 10.10.2018 passed in Motor Vehicle Claim Case No.93 of 2015 passed by learned District Judge-II-Cum-Presiding Officer, Motor Accident Claim Tribunal (M.A.C.T.), Bermo at Tenughat, whereby the claimants namely, Bharti Devi, Anjali Kumari, Neha Kumari and Aman Kisku have been awarded compensation to the tune of Rs.13,80,800/- along with simple interest @ 7% per annum from the date of filing of the claim application i.e. 11.08.2015.
(2.) Learned counsel for the appellant has fairly submitted that there is delay of 226 days in preferring the appeal for which condonation application under Section 5 of the Limitation Act has been filed vide I.A. No.8831 of 2019, as such, notice may be issued upon the owner-cum-driver of the offending vehicle. Learned counsel for the appellant has further submitted that though the owner-cum-driver of the offending vehicle, O.P. No.1 has appeared before the learned Tribunal and he has filed his written statement stating therein that his vehicle was under Insurance Policy bearing no.170401/31/13/36300006466 on the date of the accident.
(3.) Learned counsel for the appellant has taken such plea in para 19 of his written statement which is profitably quoted hereunder: "19. That, the Road permit, driving licence of the charge-sheeted driver, fitness certificate Reg. documents etc. should be directed to be produced and be provided by this Opp. Party no.2 owner of the vehicle failing which there is statutory violence of the M.V. Act -1988 and this Opp. Party is not liable to pay any compensation." ;