The application is maintained by the applicant under Section 14 read with Section 5 of the Limitation Act, for condonation of delay in filing the appeal. As per the applicant, the applicant/Insurance Company applied for the certified copy of the impugned award on 3.9.2010, which was attested on 15.9.2010 and the same was delivered on 25.9.2010. Since the application under Section 170 of the Motor Vehicles Act, filed on behalf of the applicant for seeking permission of the learned Tribunal to contest the petition on all grounds had been rejected and the award being perverse, no appeal could be filed by the applicant challenging the award. The applicant, however, in view of the judgment of Hon’ble Apex Court reported in 2003 (III) SCC 524 and Full Bench Judgment of this Court filed a petition, under Article 226 of the Constitution of India, which came up for admission before this Court on 14th November, 2010, on which date, notices were issued to the respondent for appearance and the question of maintainability was left open to be considered immediately after filing of the reply by the respondent. During the pendency of writ petition, Hon’ble Apex Court in a judgment reported in 2011, (I), SCC 343, held that where Insurance Company is a party to the petition, no permission under Section 170 of the Motor Vehicles Act, was required and the Insurance Company was entitled to challenge the award and as such, the petition was disposed with liberty to file an appeal. Since, there was no limitation for filing the petition, it was filed after 10 days of the expiry of the period of limitation prescribed for filing the appeal under Section 173 of the Motor
