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MANOJ KUMAR OHRI
Ram Kumar – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - CM aPPL. 18372/2022 (Delay)
1. The present application has been filed under Section 5 of the Limitation act on behalf of the appellant seeking condonation of delay of 3738 days in filing the appeal.
2. By way of the present appeal filed under Section 173 of the Motor Vehicles act, 1988 (hereinafter, referred to as the 'MV act') read with Order 43 CPC, the appellant, who is the owner of the offending vehicle, has sought the following reliefs:-
'a. Set aside the impugned judgment / award dt. 07/09/2011 passed in suit no. 16397/2011 titled Vida Devi & anr. Vs. Paramjit & Ors. to the extent wherein recovery rights have been granted to the Insurance Company against the Petitioner herein / Owner of the vehicle; or
B. Set aside the impugned order dt. 21/12/2021 by Dr. Hardeep Kaur, additional District and Session Judge PO MaCT (SE), Saket Courts, New Delhi whereby the application of the petitioner herein under order 9 rule 13 CPC has been dismissed; and
C. Modify the award dt. 07/09/2011 / order dt. 21/12/2021 and hold that the petitioner herein / owner of the vehicle is not liable to pay the award / compensation amount to the Insurance Company.'
3. Brief facts of
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 court emphasized that a party seeking condonation of significant delay must prove sufficient cause with substantial evidence, failing which the appeal will be dismissed.
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 ....
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....
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.
The court held that mere excuses do not constitute sufficient cause for condoning a significant delay in filing an appeal, emphasizing the need for diligence in pursuing legal remedies.
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....
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....
Condonation of delay under the limitation statute requires proof of sufficient cause and diligence. Administrative negligence or internal processing delays in organizations do not constitute sufficie....
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