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Issues involved: Condonation of delay in filing an appeal before the High Court, liability determination between owner/driver and Insurance Company, protection of claimants' interests.
Condonation of Delay: The Insurance Company filed an appeal in the High Court within the limitation period, but the certified copy of the award was lost, causing a delay of 105 days. The High Court refused to condone the delay, leading to the appeal being dismissed. The Supreme Court, however, found that the delay should be condoned as the appellant acted in good faith, and the appeal deserved to be heard on merits. Liability Determination: The Supreme Court directed that the appeal be heard on the question of fixing liability for satisfying the claim between the owner/driver and the Insurance Company. The contest was to be confined between the owner/driver and the insurer, protecting the interests of the claimants and preventing further litigation. Protection of Claimants' Interests: The amount deposited by the Insurance Company was ordered to be remitted to the Tribunal for the claimants. Claimants were permitted to withdraw the amount due to them along with interest, subject to adjustments. If the Insurance Company is exonerated, they can reimburse themselves from the owner/driver. The balance amount, if any, would be returned to the Insurance Company. Disposition: The appeal was allowed, and the directions were provided for the liability determination and protection of claimants' interests. No costs were awarded in the matter.
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