Allowed

Icici Lombard General Insurance Co. Ltd. v. Shyamu Sonker Alias Sonu Sonker

Himachal Pradesh HC16 May 2017CMP.M/14/2017

Case brief

AI extract

What is this about?

The Court allowed the condonation of 11 days delay in filing an appeal to the High Court due to sufficient explanation regarding document delay. It also stayed the execution of the Motor Accident Tribunal award pending deposit of the balance sum.

What did the court decide?

Delay of 11 days in filing appeal is condoned; operation and execution of the impugned award are stayed until the balance award amount is deposited.

Icici Lombard General Insurance Co. Ltd. Vs… — Motor Accident Claims | Himachal Pradesh HC (2017)

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CMP.M No. 14 of 2017

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16.05.2017

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Present:

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Mr. Jagdish Thakur, Advocate, for the applicant. Mr. Ashok K. Tyagi, Advocate, for respondent No. 1. Mr. Maan Singh, Advocate, for respondent No. 2.

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CMP.M No. 14 of 2017

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The present application is maintained by the applicant/appellant under Section 5 of the Limitation Act, for condoning the delay in filing the appeal. As per the applicant/appellant, the delay of 11 days has occurred, as the impugned award was applied by the learned counsel on 09.09.2015, which was received on 17.09.2016 and after the receipt of the award, the same was sent to applicant’s office for their opinion. When the matter was under process, it was found that the learned counsel has not sent the copy of statement of witnesses, alongwith copy of exhibited documents and he was telephonically requested to supply the same. After receiving the complete documents the appeal was prepared without any further delay. The application is duly supported by an affidavit. No reply to the application has been filed nor intended to be filed.

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Heard. Taking into consideration the grounds, as taken in the application as well as the fact that the delay, as occurred, has been sufficiently explained, the application is allowed and the delay of 11 days in filing the appeal is condoned. The application stands disposed of.

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FAO No.

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Appeal be registered.

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Notice. Mr. Ashok K. Tyagi, Advocate, accepts notice on behalf of respondent No. 1 and Mr. Maan Singh, Advocate, on behalf of respondent No. 2. Reply, if any, be filed within six weeks. List thereafter.

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CMP No.

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Application be registered.

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Notice in the above terms. Subject to the deposit of balance award amount within a period of six weeks, the operation and execution of the impugned award, dated 09.09.2016, passed by learned Motor Accident Claims Tribunal, Kullu, H.P., in Claim Petition No. 142 of 2013, will remain stayed till further orders.

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Copy dasti .

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(Chander Bhusan Barowalia) Judge 16^th May, 2017

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(raman)

Icici Lombard General Insurance Co. Ltd. v. Shyamu Sonker Alias Sonu Sonker

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co. Ltd. v. Shyamu Sonker Alias Sonu Sonker

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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