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Judgment
In terms of the instant application, delay in presentation of Civil 1stMiscellaneous Application is sought. It is being pleaded in the instant application that after receiving the copy of the award dated 21-04-2017 passed by the Motor Accident Claims Tribunal Kupwara, the claim file was examined at various levels in the Divisional Office Srinagar. Thereafter, the matter was referred to Jammu Regional Office (cell) of the Appellate Company. The said authority, after considering the entire claim file authorized the Srinagar Divisional Office to challenge the award passed by the Tribunal in an appeal before the Hon'ble High Court. Then the matter was sent to Srinagar Divisional office, who later on assigned the matter to Mr. J. A. Kawoosa on 19-07-2017. He took some time in drafting the petition. The certified copy of the award was obtained from the Tribunal on 16-08-2017.
Learned counsel for the petitioner submits that the delay caused in filing appeal was not intentional, so same is required to be condoned. He in this regard has made reference to the averments made in the instant application.
Per contra, learned counsel for the respondents submits that the delay cannot be condoned on mere asking. The petitioner, as further contended by learned counsel for the respondents, has failed to project the cause sufficient one for condoning delay.
In the objections filed by the respondents, it is contended that the contentions raised in the application for seeking condonation of delay, are not based on facts, as such, are denied. The explanation offered by the appellant is not only vague and casual but also not believable and is patently based on concocted story. It is also evident from the facts that the appellant has not given the dates of processing the file from different tables and offices and explanation being vague does not form sufficient cause for condonation of delay. It is further contended that the decision of the appellant to file the appeal is belated one, deliberate and intentional. Furthermore, it is contended that the appellant in the application has not stated as to what steps were taken from 21.04.2017 till 19.07.2017, also it is nowhere explained as to what has been done for this period for processing the case for filing the appeal. The averments made in the application clearly depict that the petitioner herein has not taken steps within reasonable period in case it was having any grievance with regard to the passing of the award. The plea taken is vague as the time consumed at various levels by the petitioner in processing the case for its challenge before the higher authorities is not explained.
Viewing the matter in the light of the facts noted above, it is deemed proper to direct the petitioner-National Insurance Company to produce the entire record pertaining to the matter, on the basis of which, affidavit annexed in support of the application, is said to have been prepared by the deponent therein. It may also need a reference herein that the certified copy of the award has been procured by the appellant on 10.08.2017 after filing application for issuance of the same on 09.08.2017. So the contention raised in the objections as to how the appellant had proceeded in the matter after announcement of the award may have to be prima facie examined to ascertain whether the application has been filed bona fidely.
List on 26.12.2018.