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RAVI NATH TILHARI, K. MANMADHA RAO
United India Insurance Company Limited – Appellant
Versus
Undamatla Varalakshmi – Respondent
ORDER :
1. Heard Sri Naresh Byrapaneni, learned counsel for the petitioner/appellant.
2. M/s. United India Insurance Company Limited has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 (in short “MV Act”) challenging the award of the Motor Accidents Claims Tribunal-cum-V Additional District and Sessions Court, East Godavari at Rajamahendravaram (in short “the Tribunal”) dated 14.09.2022, passed in M.V.O.P.No. 324 of 2018, partly allowing the claim of the claimants/respondents 1 to 5.
3. The appeal is barred by limitation.
4. I.A.No. 1 of 2023 is for condonation of delay in filing the appeal.
5. This I.A.No. 2 of 2023 is an application for grant of stay of operation of the decree and judgment dated 14.09.2022 in M.V.O.P.No. 324 of 2018 till disposal of the appeal.
6. Sri Naresh Byrapaneni, learned counsel for the petitioner/appellant submitted that though the appeal is barred by limitation and I.A.No. 1 of 2023 is yet to be decided finally, the appellant may be granted stay of execution of the award/decree of the Tribunal. He submitted that there is no bar in grant of stay of execution of the decree/award during pendency of the application for condonation of delay in fi
In a time-barred appeal under Section 173 of the Motor Vehicles Act before the High Court, stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided fin....
The interpretation of procedural rules, particularly the distinction between mandatory and permissive language, is crucial in determining the court's authority to grant interim relief in the context ....
The main legal point established in the judgment is the significance of 'sufficient cause' for condonation of delay, emphasizing the need for a liberal but reasonable interpretation of the term and t....
The main legal point established in the judgment is the requirement for a sufficient cause for not preferring the appeal within the prescribed period, emphasizing the need for a justice-oriented appr....
Section 173 provides that, any person aggrieved by the award passed by the Tribunal may approach the High Court within ninety days. However, the second proviso states that the High Court “may” still ....
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay in filing appeals under Section 173 of the Motor Vehicles Act, 1988.
claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limi....
The court emphasized the importance of introducing the concept of reasonableness while giving the clause 'sufficient cause' a liberal interpretation and highlighted the need to distinguish cases wher....
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
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