Lrs Of Birad Ram And Ors vs Hetram And Ors

The appellants have preferred the present application under Section 5 of the Limitation Act seeking condondation of 1493 days delay in filing the appeal.

It has been stated in the application that the applicants-appellants are legal representatives of Birad Ram against whom the claim case was being prosecuted. After death of appellants' father Birad Ram, the appellants came to know about passing of the award only on receipt of the notice pursuant to recovery proceedings lodged by the Insurance Company.

Mr. Santosh Choudhary, learned counsel for the respondents vehemently opposed the application under Section 5 of the Limitation Act by contending that it was the duty of the applicants to keep track of the case and inordinate delay of 1493 days does not deserve to be condoned.

Having heard learned counsel for the parties and upon perusal of the application under Section 5 of the Limitation Act, this Court is of the considered opinion that the applicants were prevented by sufficient cause in not filing the appeal in time.

The application is allowed, 1493 days' delay in filing the appeal is condoned.

Civil Misc. Appeal No.2010/2015 :

Learned counsel for the appellants submits that by way of impugned judgment and award dated 27.05.2011, the learned Motor Accident Claims Tribunal, Churu had directed the respondent No.2-Insurance Company to make payment, while giving it a right to recover the same from the appellant-owner and driver of the vehicle.

Learned counsel for the appellants submits that in view of the recent judgment of Hon'ble Supreme Court rendered in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited reported in (2017) 14 SCC 663, the aforesaid liberty given to the Insurance Company-respondent No.2, is unsustainable.

Having heard learned counsel for the parties, this Court is of the considered view that the issue involved in the present appeal is squarely covered by the judgment of Hon'ble Supreme Court in the case of Mukund Dewangan (supra).

The following stipulation made in the impugned award dated 27.05.2011 is set aside :

"अप्रार्थी संख्या 1 बीमा कम्पनी यदि चाहे तो यह राशि वाहन स्वामी से वसूल कर सकेगी।"

Needless to observe that remaining award remains intact.

The appeal is allowed.