Dismissed

Icici Lombard Gen.Ins, Co.Ltd, v. Irayya S/O Nagayya Hiremath Anr.

Karnataka HC1 Aug 2014MFA/30155/2012

Case brief

AI extract

What is this about?

In a miscellaneous first appeal regarding a motor accident claim, the single judge rejected the appellant insurance company's application for condonation of 258 days delay due to internal filing processes, holding such reasons unacceptable, thereby dismissing the appeal.

What did the court decide?

Application for condonation of delay (I.A.No.1/2012) rejected; Appeal failed and dismissed.

Icici Lombard Gen.Ins, Co.Ltd, Vs Irayya S/O Nagayya… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

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DATED THIS THE 1^ST DAY OF AUGUST, 2014

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL NO.30155/2012 (MV)

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BETWEEN:

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ICICI Lombard General Insurance Company Limited Through its Manager, Now represented by its Manager Second Floor Belland and Company Gokul Road Hubli, now represented By ICICI Lombard General Insurance Company Limited Timmapuri Circle, Court Road, Gulbarga through its Manager Legal.

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… APPELLANT

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(Shri C.S. Kalburgi, Advocate)

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AND:

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Irayya S/o Nagayya Hiremath Age: 47 years, Occupation: Coolie R/o Nagabevinhal Tanda Taluka: Muddebihal District: Bijapur – 586 101.

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H.P. Madhukar

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Age: 52 years, Occupation: Contractor R/o 41 Prashant

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Vijayanagar extension Hubli – 580 001.

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… RESPONDENTS

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(Respondent Nos.1 and 2 are served)

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This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 21.12.2010 passed in MVC No. 1362/2009 on the file of the Civil Judge (Senior Division) No.XII and Additional Member Motor Accident Claims Tribunal at Shorapur wherein, partly allowing the petition and awarding the compensation of Rs.99,000/- with interest @ 6% per annum.

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This appeal coming on for Further orders, this day, the Court delivered the following:

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JUDGMENT

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This appeal is by the Insurance Company. There is a delay of 258 days in filing the appeal. The affidavit in support of the application is filed by the Manager of the Legal Department of the appellant company. The reasons assigned in the affidavit seeking condonation of delay is that the award was passed on 21.12.2010 and a copy of the same was received on 31.01.2011. The counsel appearing for the appellant has dispatched his opinion to file an appeal on 05.02.2011. It is

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claimed that the papers were sent to the Regional Office at Bangalore for approval with regard to a decision to file an appeal and from there it was forwarded to the head office at Mumbai for a further opinion and approval, which was granted. Thereafter, the office at Bangalore is said to have forwarded the papers to the office at Hubli in the month of June, 2011 and since the office of the appellant had shifted to Gulbarga, the file had to be sent to Gulbarga and thereafter the file was said to have been misplaced and it is with great difficulty that the file was traced at the Hubli office and immediately dispatched to Gulbarga and it is in this fashion, it is claimed that the delay has occasioned and seeks condonation of the delay.

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The sequence of events are relevant only to the appellant. This Court is least concerned about the hierarchy of the officials from whom approvals have to be sought in filing the appeal, which is wholly irrelevant. The inordinate delay in processing a simple matter and to decide whether an appeal could be filed

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or not, did not warrant such a laborious process of dispatching the papers from one office to another forwards and backwards and hence the reasons assigned are not acceptable. The application in I.A.No.1/2012 for condonation of delay is rejected. Consequently, the appeal fails.

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Sd/JUDGE

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swk

Icici Lombard Gen.Ins, Co.Ltd, v. Irayya S/O Nagayya Hiremath Anr.

Case brief

What is this about?

What did the court decide?

Icici Lombard Gen.Ins, Co.Ltd, v. Irayya S/O Nagayya Hiremath Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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