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2023 Supreme(Del) 2456

MANOJ KUMAR OHRI
Shyama Devi – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates appeared:
Mr. R.K. Nain and Mr. Chandan Prajapati, Advocates, for the Appellants.
Ms. Archana Gaur, Advocate, for the Respondents.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CM APPL. 6850/2019 (Delay)

1. The present application has been filed under Section 5 of the Limitation Act on behalf of the appellants seeking condonation of delay of 294 days in filing the present appeal.

2. Learned counsel for the appellants submits that after the death of deceased, the appellants being widow and minor children, had no source of income and had been facing financial hardship which caused the delay in their approaching the advocate for filing the present appeal.

3. It is worthwhile to note that in Mohsina & Ors. v. Union of India & Ors., reported as MANU/DE/2465/2017 a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court, taking into account poor economic status of the appellants/claimants. Relevant excerpt from the decision is reproduced hereunder:

    "4. The appellants are seeking condonation of delay of 804 days in filing the appeal on the ground that appellant no. 1 is an illiterate and poor lady; she lost her husband in the train accident; her father-in-law was pursuing the case before the Claims Tribunal; her father-in-law expired, whereupon her mother-in-law threw her out from the matri

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