Dismissed

Reliance General Insurance Company Limited v. Devid Kumar Thakur

Chhattisgarh HC5 Apr 2016MAC/460/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed an application for condonation of delay and consequently dismissed an appeal by an insurance company challenged against a Motor Accident Claims Tribunal award, holding the delay of almost five years sufficient to bar the limitation.

What did the court decide?

Application for condonation of delay dismissed; appeal dismissed as barred by limitation.

Reliance General Insurance Company… — Civil Procedure and Limitation | Chhattisgarh HC (2016)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MAC No. 460 of 2016

¶4

Reliance General Insurance Company Limited , Through Its Legal Manager, Reliance General Insurance Company Limited, 5th Floor, National Corporate House Opposite Maruti Business Park, G.E.Road, Raipur, Chhattisgarh

¶5

---- Petitioner

¶6

Versus

¶7

Devid Kumar Thakur S/o Misundhar Singh Thakur, Aged About 15 Years Caste Gond, Being Minor Through Father Misundhar Singh Thakur, S/o Jagdish Thakur, Aged About 45 Years, R/o Village Khairwahi, Post Latabod, P.S. & Tahsil Balod, District Durg, Chhattisgarh .............(Claimant)

¶8

Pratap Singh Sahu S/o Chintaram Sahu, Aged About 34 Years R/o Village Khairwahi, Post Latabod, P.S. & Tahsil Balod, District Durg, Chhattisgarh ...............(Owner-CumDriver)

¶9

Royal Sunderam Alliance Insurance Co. Ltd. Office 315, Arneja Corner, B Wing, I I I Floor, Sector 11, Wasinevy Mumbai (Maharashtra) 400709 ...............(Insurer Of Tractor)

¶10

---- Respondents

¶11

For Petitioner : Mr. Sourabh Sharma, Advocate.

¶12

Hon'ble Shri Justice Manindra Mohan Shrivastava

¶13

Order On Board

¶14

05/04/2016

¶15

Heard on application for condonation of delay in filing appeal.

¶16

The appeal has been filed by the appellant aggrieved by the award which was passed on 25.01.2011.

¶17

Learned counsel for the appellant argued to convince the Court that there is sufficient cause shown for condonation of delay in filing appeal. He submits that the delay occurred due to official communication.

¶18

In the present appeal, the impugned order was passed by the

¶19

Tribunal way back on 25.01.2011. The petitioner is an Insurance Company. Though it cannot be denied that some time may have been consumed in official communication, there is no explanation offered by the appellant company to condone such a long delay of almost 5 years. It is also seen that the Insurance Company has sought exoneration on the ground that the injured was a gratuitous passenger. A perusal of the award shows that very small amount of compensation has been awarded to the injured.

¶20

Taking into consideration the aforesaid aspect of the matter, particularly that the delay is very long and very small amount is involved in the matter, the application for condonation of delay is dismissed and consequently the appeal is also dismissed as barred by limitation.

¶21

Sd/( Manindra Mohan Shrivastava) J U D G E

¶22

Rekha

Reliance General Insurance Company Limited v. Devid Kumar Thakur

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Company Limited v. Devid Kumar Thakur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.Urmila Bai Vs Kasidas @ Mohan Das and Others

Sushil Kumar Hathgiya Vs State of Chhattisgarh and Ano.

Trilochan Das Vs State Of Chhattisgarh

Reliance General Insurance Company Limited Vs Kamleshwar Gour

Shanti Bai Prabhuva Vs State Of Chhattisgarh

Sushri Lata Singh Thakur Vs Cent Bank Home Finance Limited