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RAJESH SHANKAR
Cholamandalam MS General Insurance Co. Ltd. – Appellant
Versus
Anita Devi – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present appeal has been preferred against the award dated 07.05.2022 passed by the Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 215 of 2018 whereby the appellant has been directed to make payment of compensation of Rs.14,20,000/- to the applicants.
I.A. No. 7296 of 2023
2. The present interlocutory application has been filed on behalf of the appellant under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 147 days caused in preferring the present appeal.
3. Learned counsel for the appellant submits that immediately after passing of the award, the certified copy of the same was obtained and an opinion was sought to prefer an appeal against the impugned award. Thereafter, the steps were taken to get approval for the same and the entire file was sent to the higher officials. After receipt of approval, the same was forwarded to the concerned advocate for taking appropriate decision in the matter, who advised to procure all the documents as well as to deposit the statutory amount. Thus, the delay in filing the present appeal has been caused due to procedural formalities.
The law of limitation applies to all parties, and mere procedural delays are insufficient for condonation; adequate justification is required.
Statutory agencies must act with diligence in timely filing appeals; negligence does not justify delay in condonation requests.
The court determined that internal miscommunication within the insurer does not justify a delay of over 300 days in filing an appeal, emphasizing statutory obligations to act with diligence.
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.
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....
Point of Law : LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. ....
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