Bharti Axa General Insurance Company Limited v. Kamal Kumar Nayak
Motor Vehicles Act, 1988, S.173 – Appeal by insurance company against award – Condonation of delay – Delay of 429 days (more than a year) in filing MAC appeal
Case brief
What is this about?
MAC No. 184 of 2020, High Court of Chhattisgarh at Bilaspur (NAFR, 2026:CGHC:16214), decided 08.04.2026 by Sanjay K. Agrawal, J. (Single Bench). Bharti AXA General Insurance Company Limited (appellant) v. Kamal Kumar Nayak (Claimant No. 1), Shivkumar Mirgha and Mohammad Kadir (respondents). Appeal under Section 173 of the Motor Vehicles Act, 1988 with I.A. No.1 seeking condonation of 429 days' delay in filing. Held: internal causes (delay in communication of award, reversal of mail between Legal and Finance Divisions, delay in approval, miscommunication with counsel) are not sufficient cause for delay exceeding one year; I.A. No.1 rejected; appeal dismissed; no costs. No precedent engaged; no quantum stated.
What did the court decide?
The grounds assigned by the Insurance Company/appellant — delay in communication of the award, reversal of mail of the award between its Legal and Finance Divisions, delay in granting approval by the competent authority, and misunderstanding while communicating with counsel — cannot be a sufficient ground to condone a delay of 429 days (more than a year); the appellant ought to have shown sufficient cause for the delay.