Dismissed

Naresh Kumar and Another v. the Oriental Insurance Co. Ltd. and Others

Rajasthan HC17 Mar 2023CMA/5232/2016

Case brief

AI extract

What is this about?

The High Court dismissed an application to condone a 964-day delay in filing an appeal against a Motor Accident Claim Tribunal award. The court held the delay was due to negligence as the appellants failed to contest the proceedings below and were not unaware of the case.

What did the court decide?

Application for condonation of delay dismissed; appeal against Tribunal award dismissed.

Naresh Kumar and Another Vs the Oriental Insurance… — Motor Accident Claims | Rajasthan HC (2023)

¶1

[2023/RJJP/004401]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Appeal No. 5232/2016

¶4

Naresh Kumar S/o Shri Shikhar Chand, by Caste Jain, R/o Aagon, Police Staton Firojpur Jhirka, District Nuhu (Mewat), Haryana.

¶5

Yunus Khan S/o Shri Abdul Rehman, by Caste Musalman, aged about 46 years, R/o Piproli, Police Station Ramgarh, District Alwar, Rajasthan.

¶6

----Appellants

¶7

Versus

¶8

The Oriental Insurance Company Ltd., Jiwan Raksha Bhawan, Jhalawar Road, Chawni Chouraha, Kota.

¶9

----Respondent-Non Claimant

¶10

Parwati Devi W/o Shri Ramdayal, by Caste Raigar, aged about 40 years, R/o Tonk, Presently R/o Railway Station, Malpura, District Tonk.

¶11

Suman D/o Shri Ramdayal, by Caste Raigar, aged about 23 years, R/o Tonk, Presently R/o Railway Station, Malpura, District Tonk.

¶12

----Respondents-Non Claimants

¶13

For Appellant(s) : None present For Respondent(s) : None present

¶14

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶15

Order

¶16

17/03/2023

¶17

The present appeal was filed on 09.09.2016 against the award dated 30.09.2013 passed by Motor Accident Claim Tribunal, Malpura (Tonk) in claim case No.65/2008 whereby liability was fastened upon the appellants and were directed to make payment of compensation of Rs. 3,96,000/- alongwith interest @ 6% Per Anum from the date of filing of the claim petition i.e. 02.07.2008.

[2023/RJJP/004401]

[CMA-5232/2016]

(2 of 2)

The office has reported that the appeal is barred by 964 days. The appellants have also filed an application under Section 5 of the Limitation Act for condoning the delay of 964 days.

¶22

In the application it is narrated that the appellants were not informed about passing of the award dated 30.09.2013 and the appellants came to know about the said award when the execution proceedings were initiated against them. It is submitted that the delay caused in filing the appeal is bonafide and the same is liable to be condoned.

¶23

From perusal of the award passed by the learned Tribunal, it is apparent that ex-parte proceedings were initiated against the present appellants and therefore, the ground of the appellants claiming that they were unaware about the proceedings of the case is totally false. The appellants failed to contest the case before the Tribunal. The delay of 964 days itself is sufficient to establish that appellants were negligent towards their rights therefore, the application filed under Section 5 of the Limitation Act is not sustainable.

¶24

As a result, the application under Section 5 of the Limitation Act is dismissed.

¶25

The appeal as well as all the pending applications also stands dismissed.

¶26

(PRAVEER BHATNAGAR),J

¶27

DHARMENDRA RAKHECHA /715

Naresh Kumar and Another v. the Oriental Insurance Co. Ltd. and Others

Case brief

What is this about?

What did the court decide?

Naresh Kumar and Another v. the Oriental Insurance Co. Ltd. and Others

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

Coram

Case details

Similar cases

Smt. Ummed Devi W/O Hansraj Vs Gopal S/O Ganpatram

Kasana Ram Vs Hindu Singh and Anr.

Imran Kha Vs State of Rajasthan

Deepak Singh Vs R S R T C Jaipur and Ors.

Satyanarayan and Another Vs Harisingh and Others

Chaturbhuj Vs Insaar and Others