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RAMESH KR.MERATHIA, SUMEDHA TRIPATHI
UNITED INDIA INSURANCE CO. LIMITED – Appellant
Versus
KRAFT – Respondent


Advocates Appeared:
Ashutosh Anand, Advocate, for the Appellant; Praveen Jaiswal, Advocate and Niraj Kishore, Advocate, for the Respondent

ORDER

Ramesh Kr. Merathia, President Member. - The reasons for delay in disposal of this appeal can be seen from the order sheet.

1. Heard the parties on the prayer of the appellant for condoning the delay of about four months in filing this appeal.

2. According to the appellant, its panel counsel misplaced the file due to which no prompt intimation could be sent to the appellant and hence it was not knowing about the dismissal of the complaint case.

3. Such ground is absolutely vague and general. The appellant should have been vigilant, in knowing about the disposal of the complaint case but it has tried to throw the entire blame on its panel counsel that he misplaced the file, as, if the Insurance Company had no responsibility at all.

4. Thus, there is no satisfactory explanation for the long delay of about four months.

However, we are condoning the delay in the interest of justice.

5. Heard the parties at length on merits.

6. Mr. Ashutosh Anand, learned counsel appearing for the appellants/Insurance Company submitted that the alleged loss occurred due to the negligence of the respondent/complainant itself and therefore the claim was rightly repudiated on the ground that the cause

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