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AJAY KUMAR GUPTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Pratima Singha – Respondent
JUDGMENT :
Ajay Kumar Gupta, J :
In Re: CAN 2 of 2013 (Old No. CAN 11786 of 2013)
1. This is an application for condonation of delay under Section 173 of the Motor Vehicles Act, 1988 in preferring an appeal beyond the period of limitation i.e. 2 days. It is submitted that there is no intentional latches or negligence on the part of the appellant/Insurance Company to file this appeal beyond the period of limitation. Learned Advocate also referred the paragraphs 4, 6, 7, 8 and 9 to show the causes for delay.
2. On the other hand, learned advocate appearing on behalf of the respondent Nos. 1 to 3/Claimants opposed the prayer for condonation of delay.
3. Heard and on perusal of the application and the paragraphs as referred above, this Court finds the appellant has shown the cause of delay is satisfactory, justified as such accepted. Accordingly, delay, as prayed for, is hereby condoned.
4. Accordingly, CAN 2 of 2013 (Old No. CAN 11786 of 2013) is, thus, disposed of.
5. Both the Appeal and Cross-appeal/objection are taken up for the purpose of disposal on merits.
FMAT No. 1375 of 2013 With COT 64 of 2014
6. The appellant/Insurance Company has filed this instant First Miscellaneous Appeal challe
The main legal point established in the judgment is the application and interpretation of Section 173 of the Motor Vehicles Act, 1988, for condonation of delay, as well as the assessment of compensat....
The main legal point established in the judgment is the reliance on documentary evidence, including the victim's income tax return, to determine the compensation amount in motor accident claims.
The main legal point established is the application of the structured formula under Section 163-A of the Motor Vehicles Act, 1988, for compensation in fatal accident cases, and the liability of the i....
In computing just compensation for a motor vehicle accident, courts must calculate income with future prospects, apply a multiplier based on the deceased's age, and award conventional damages accordi....
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
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