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Judgment
D.V. Shylendra Kumar
There is a delay of 15 days in filing this appeal u/s 173[1] of the Motor Vehicles Act, 1988 by the insurer who has taken up a fantastic ground of urging that the vehicle in respect of which they had issued a policy of cover to indemnify the owner of the vehicle was not at all involved in the accident giving cause for a claim.
A perusal of the order under appeal shows that the relevant issue had been framed and it had gone against the respondents.
It is not open to the appellant - insurance company to come up with such unreasonable stand which only betrays their disinclination to perform their part of the contract, namely, to indemnify the insured. Such an attitude on the part of the appellant - insurance company is highly deprecated.
There is absolutely no merit in this appeal. Therefore there is no need for issuing of notice on the application for condonation of delay.
This appeal is dismissed.
In view of dismissal of the main appeal itself, Misc. Cvl. 105120 of 2010 for condonation of delay and Misc. Cvl. 105121 of 2010 for stay, both are dismissed.
The amount in deposit is directed to be transmitted to the Tribunal forthwith and the balance amount to be deposited before the Tribunal within four weeks. Thereafter, the Tribunal is directed to disburse the amount in favour of the claimants in terms of the Award of the Tribunal.