Allowed¶24

Branch Manager National Insurance Company Limited through Its Jharkhand Legal Cell v. Mahesh Oraon

Jharkhand HC18 Nov 2024C.M.P./305/2020

Case brief

AI extract

What is this about?

Condonation of delay of 177 days; restoration of appeal dismissed for non-removal of defect; certified copy of impugned Award; M.A. No. 338 of 2018; M.V. Claim Case No. 17 of 2014; MACT Latehar; National Insurance Company Limited; motor accident claim appeal; procedural order; High Court of Jharkhand at Ranchi; Subhash Chand, J.; order dated 18.11.2024.

What did the court decide?

Delay of 177 days in preferring appeal M.A. No. 338 of 2018 condoned; order dated 06.01.2020 dismissing the appeal set aside; appeal restored subject to filing the certified copy of the impugned Award within two weeks. ¶24

Branch Manager National Insurance Company Limited through Its Jharkhand Legal Cell Vs Mahesh Oraon — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 305 of 2020

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Branch Manager National Insurance Company Limited through its Jharkhand Legal Cell. ….. ...... Petitioner

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Versus Mahesh Oraon & Ors. …. …. Opposite Parties ------

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Petitioner : Mr. Manish Kumar, Advocate For the Opposite Party nos. 2 to 6 : Mr. Nandan Prasad, Advocate

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Order No.04 /Dated: 18^th November, 2024

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Learned counsel on behalf of the petitioner and learned counsel on behalf of respondent nos. 2 to 6 are present.

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No one appears on behalf of respondent no. 7 despite the service of notice.

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So far as the service of notice to respondent no. 8 is concerned, he is the driver of the vehicle and service of notice is dispensed with to him.

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I.A. No. 4329 of 2020

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The instant Interlocutory Application has been preferred for condonation of delay of 177 days in preferring this appeal against the impugned award.

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The grounds shown in paragraph nos. 6 to 8 of this Interlocutory Application are being supported with the affidavit.

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Learned counsel for the opposite party nos. 2 to 6 has no objection

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for the same.

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The ground shown are found sufficient.

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In view of the above, the delay of 177 days in preferring this appeal is hereby condoned.

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Accordingly, this C.M.P. stand disposed of.

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C.M.P. No. 305 of 2020

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This petition is with these averment that M.A. No. 338 of 2018 is preferred on behalf of the petitioner/appellant against the Award dated 17.08.2016 in M.V. Claim Case No. 17 of 2014, passed by District Judge3^rd -cum-MACT, Latehar

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That appeal was dismissed vide order dated 06.01.2020 for not

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removing the defect. It has been submitted by learned counsel for the petitioner that defect was in regard to the not filing the certified copy of the impugned Award and, subsequently, he had also obtained the same.

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Learned counsel for the opposite party nos. 2 to 6 has no objection for the same.

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In view of the submissions made, the prayer of this C.M.P. is hereby allowed and the order dated 06.01.2020 is set aside and M.A. No. 338 of 2018 is restored, subject to condition, certified copy of the impugned Award is filed by the petitioner/appellant within two weeks.

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List this case thereafter.

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(Subhash Chand, J.)

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Rashmi/-

Branch Manager National Insurance Company Limited through Its Jharkhand Legal Cell v. Mahesh Oraon

Case brief

What is this about?

What did the court decide?

Branch Manager National Insurance Company Limited through Its Jharkhand Legal Cell v. Mahesh Oraon

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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