Uttarakhand High Court
United India Insurance Company Ltd vs Sunil Alias Sarad Tewari And Others on 6 October, 2012
Author: B.S.Verma
Bench: B.S.Verma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
A.O. No. 98 of 2010.
United India Insurance Company Ltd.
... Appellant.
Vs.
Sunil alias Sarad Tewari and others.
1.
...Respondents.
Mr. K.K.Shah, Advocate, learned counsel for the appellant-Insurance Co.
Mr. Lalit Sharma, Advocate, learned counsel for the respondent No. 2/1.
Date October 06, 2012.
Hon'ble B.S.Verma, J. (Oral)
(Stay Application No.1745 of 2010) (Delay Condonation Application No. 1749 of 2010) (Delay Condonation Application No. 12744 of 2011) (Application for setting aside abatement no. 12745 of 2011) (Substitution Application No. 12746 of 2011) (Urgency Application No. 4272 of 2012) Heard learned counsel for the appellant-applicant.
The appellant has moved substitution application no. 12746 of 2011 since the respondent no.2 Smt. Amina Bi had died. The appellant has sought to substitute the husband of the deceased Hazi Zamil Ahmad in her place as respondent no. 2/1 to the appeal.
Since there has been delay in moving the substitution application, the appellant has filed a delay condonation application to condone the day, which is supported by an affidavit. The appellant has also moved an application for setting aside the abatement.
Having considered the submissions of the learned counsel for the appellant and in view of the fact that Mr. Lalit Sharma, Advocate, has already put in appearance on behalf of the legal heir of the deceased respondent no.2 and as the applications have not been opposed, in my view to meet the ends of justice, all the three applications No. 12744 of 2011, No. 12745 of 2011 and the substitution application bearing no. 12746 of 2011 deserve to be allowed and are allowed.
2Accordingly delay in filing the substitution application is condoned.
The appellant shall file amended memo of parties within a week.
Also heard learned counsel for the appellant on admission.
The memo of appeal is accompanied by an application for condonation of delay in filing the appeal. There has been delay of 74 days in filing the appeal.
The delay condonation application is supported by an affidavit.
Grounds are sufficient to condone the delay in filing the appeal. Delay in filing the appeal is condoned. Delay condonation application is allowed.
Admit the appeal.
Issue notices to the respondents.
Summon the lower Court Record.
List after the lower court record is received.
Execution of the impugned award dated 7-10-2009 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, 1st Fast Track Court, Haldwani, district Nainital (for short the Tribunal) in Motor Accident Claim Petition No. 219 of 2005, Sunil alias Sarad Tewari Vs. Smt. Amina Bi and others shall remain stayed provided the appellant deposits the entire awarded amount after adjusting the statutory deposit made by the appellant in appeal before the learned Tribunal within a period of three weeks from today. (Stay application is disposed of.) (B.S.Verma,J.) RCP