MANOJ KUMAR OHRI
Shyama Devi – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
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
Liberal construction of labour statutes in favor of workmen and the interpretation of territorial jurisdiction in accident claims under relevant statutes.
The central legal point established in the judgment is the interpretation of the provision for territorial jurisdiction under Section 166(2) of the Motor Vehicles Act, 1988, emphasizing the facilitat....
The central legal point established in the judgment is that the provisions of Section 166(2) of the Motor Vehicles Act should be interpreted in a manner consistent with facilitating remedies for the ....
The court determined that misapplication of territorial jurisdiction constitutes a substantial question of law, warranting appellate review and remand for further proceedings.
(1) Territorial jurisdiction of Court – Lack of territorial jurisdiction by itself is not recognized under it as a reason to make a judgment/decree a nullity – It is quite different and distinct from....
The main legal point established is that the proviso to Section 21(1)(b) of the Employees’ Compensation Act imposes a mandatory notice requirement for a non-jurisdictional Compensation Commissioner t....
The court determines that strict adherence to territorial jurisdiction should not impede access to justice for accident victims, advocating a liberal interpretation of relevant statutes.
The main legal point established in the judgment is the determination of territorial jurisdiction and the liability of the Insurance Company under Section 147(1) of the Motor Vehicles Act, 1988 in ca....
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