The High Court of Jammu and Kashmir allowed the applicant insurance company's application to condone a 28-day delay in filing an appeal against an impugned Motor Accident Claims Tribunal order dated 08.04.2017.
Condonance of delay of 28 days in filing the appeal and order to Registrar to diarize and list the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Advance List Sr. No. 9
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Through Virtual Mode)
CONC No. 195/2017
National Insurance Co. Ltd …. Applicant(s)
Through:Mr. J. A. Kawoosa, Advocate
V/s
Wali Mohammad Dar and others
…..Non-applicant(s) Through:None
Coram : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
Applicant-Insurance Company seeks condonation of 28 days’ delay’ in
filing the appeal against the impugned award dated 08.04.2017 passed by Motor accident Claims Tribunal, Srinagar.
Perusal of the file reveals that notices through registered post were issued to the non-applicants on 31.08.2017.
Since statutory period stands expired, there is deemed service. None has appeared on behalf of the non-applicants, as such, they are set ex parte.
For the reasons stated in the application coupled with submissions made at the Bar, sufficient cause for condoning the delay of 28 days’ in filing the appeal is made out. Accordingly, this application is allowed and delay of 28 days is condoned.
Application is disposed of.
Registry to diarize the appeal and list the same on 27.08.2020.
SRINAGAR
(Sindhu Sharma) Judge
23.06.2020 SUNIL-II
2 issues framed by the court
Whether the delay of 28 days in filing the appeal against the impugned award can be condoned?
Whether this Court has jurisdiction to deal with ex parte non-appearance?
1 provisions across 1 enactments
National Insurance Co. Ltd
Wali Mohammad Dar and others
Sindhu Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
