Dismissed

Hem Singh Purohit Son of Late Moti Singh, v. United India Insurance Company Limited

Rajasthan HC4 Jan 2023CMA/1275/2022

Case brief

AI extract

What is this about?

This is a civil miscellaneous appeal challenging a Motor Accident Claim Tribunal order. The High Court held that the delay of 2919 days in filing the appeal could not be condoned as the appellant offered no bona fide reason for the lapse and was absent during trial proceedings.

What did the court decide?

Dismissal of the limitation application and dismissal of the civil miscellaneous appeal.

Hem Singh Purohit Son of Late Moti Singh… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1275/2022

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Hem Singh Purohit Son Of Late Moti Singh, Aged About 45 Years, Resident Of 199, Chanakpuri, Sector No.4 Hm Udaipur,rajasthan (Owner Motor Cycle No. Rj-27-12M-7720)

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----Appellant

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Versus

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United India Insurance Company Limited, Branch Office At 24-Def, Ashwani Bazar, 1St Floor, Udaipur Having Its Regional Office At Vishal Chambers, Tonk Road, Jaipur Through Its Regional Manager (Insurance CompanyMotorcycle No. Rj-27-12M-7720).

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Kishan Singh Son Of Lakhan Singh, Resident Of Budana, District Jhunjhunu (Driver-Motorcycle No. Rj-27-12M7720).

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Drobi Wife Of Bhagya Singh, Aged About 42 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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Pushpa Devi Daughter Of Bhagya Singh, Aged About 29 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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Dhanesh Son Of Bhagya Singh, Aged About 26 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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Kaadi Daughter Of Bhagya Singh, Aged About 22 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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Shivcharan Son Of Ram Singh, Aged About 87 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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Suwa Bai Wife Of Shivcharan, Aged About 82 Years, Resident Of Chandan Gao, Tehsil Hindaun, District Karauli.

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----Respondents

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For Appellant(s) : Mr. Vinay Mathur, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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04/01/2023

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By way of civil miscellaneous appeal, appellant has challenged the order dated 04.02.2014 passed by learned Motor

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(2 of 2)

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[CMA-1275/2022]

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Accident Claim Tribunal, Hindaun City in MACT Petition No.65/2010.

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Learned counsel for the appellant submits that appellant has filed the present appeal against the order passed by learned Tribunal dated 04.02.2014 in which learned Tribunal has hold the non-claimants-appellant liable to pay the compensation. Learned counsel for the appellant submits that appellant had filed since the present appeal has been filed after a delay of 2919 days, therefore an application under Section 5 of the Limitation Act has also been filed seeking condonation of delay. Learned counsel for the appellant also submits that appellant had no knowledge about the order dated 04.02.2014 passed against him. So, appellant could not file the present appeal within time. Therefore, the delay in filing the appeal be condoned.

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Heard learned counsel for the appellant.

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It is an admitted position that appellant was not present before the learned Motor Accident Claim Tribunal, Hindaun, even after service of notice therefore, ex-parte proceedings were initiated against him on 09.02.2011. After that, learned Tribunal has passed the order dated 04.02.2014 deciding the claim order against the appellant. Appellant has not shown any bona fide reason for filing the present appeal after the lapse of 2919 days. I find no good ground to condone the ordinate delay of 2919 days. So, limitation application filed by the appellant is dismissed.

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Therefore, the present appeal also stands dismissed accordingly.

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(NARENDRA SINGH DHADDHA),J

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Seema/46

Hem Singh Purohit Son of Late Moti Singh, v. United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Hem Singh Purohit Son of Late Moti Singh, v. United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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