Disposed

The National Insurance Co. Ltd. v. Shri. Jaspal Singh Harbhajan Singh Parhar and Anr.

Bombay HC5 Mar 2020CAF/2260/2015

Case brief

AI extract

What is this about?

The High Court condoned a 107-day delay in filing a first appeal against a motor vehicle accident compensation order. The court accepted the applicant's explanation concerning internal approval processes sufficient to satisfy the requirement for condonation under Section 5 of the Limitation Act.

What did the court decide?

Condonation of delay of 107 days in filing the first appeal; appeal listed for admission.

The National Insurance Co. Ltd. Vs Shri… — Civil Procedure and Limitation | Bombay HC (2020)

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904.ca.2260-.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION

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CIVIL APPLICATION NO.2260 OF 2015 in FIRST APPEAL (ST) NO.16468 of 2015

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The National Insurance Co.Ltd .. Applicant vs Jaspal Singh Harbhajan Singh Parhar & anr .. Respondents

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IN THE MATTER OF

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National Insurance Co.Ltd & anr .. Appellants vs

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Jaspal Singh Harbhajan Singh Parhar & ors .. Respondents

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Ms.Poonam Mittal for Applicant in C.A.No.2260/2015

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Mr.T.J.Mendon for Respondent no.1 in CA No./2260/2015 and for Applicant in CA No.3259/2019

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CORAM : ABHAY AHUJA, J DATE : 5th MARCH 2020

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P.C

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1. Heard learned Advocate for the Applicant/Appellant and

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advocate for the Respondent no.1. Service in respect of Respondent no.2
has been effected by publication. None appears for Respondent no.2.

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2. This is a First Appeal filed against the judgment dated

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30.12.2014 by the learned Judge in WCA Application
No.540/C/138/2011 awarding a lump sum compensation of

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Rs.7,34,832/- together with interest at the rate of 12% p.a. to the
respondent no.1. There is a delay in filing this First Appeal of 107 days.

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3. By the present Application, the applicant is seeking a
condonation of delay of 107 days in filing this Appeal. The learned
counsel for the applicant draws this Court’s attention to paragraph 3 of the
said application to explain the cause of delay which is quoted as under :

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“ The Appellants state that as the Appellants company has to go through various departments and goes to the Regional Office and then to the Head office and then only after it is approved by the Head Office the approval is given by the administrative Department and then only sanction is done by the Legal Manager of the said Company. The whole process takes a long time the said appeal could not be filed in time. Thus there is a delay of 107 days in filing this appeal.”

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4. Advocate for respondent no.1 has no objection to the said explanation.

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5. On the basis of the above explanation this Court is satisfied

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that there is sufficient cause for condoning the delay. Delay is hereby
condoned.

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 Civil Application disposed of.

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 List the Appeal for admission accordingly.

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( ABHAY AHUJA, J )

The National Insurance Co. Ltd. v. Shri. Jaspal Singh Harbhajan Singh Parhar and Anr.

Case brief

What is this about?

What did the court decide?

The National Insurance Co. Ltd. v. Shri. Jaspal Singh Harbhajan Singh Parhar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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