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2005 Supreme(Mad) 1521

P.K.MISRA, N.KANNADASAN
K. Shankar – Appellant
Versus
The Oriental Insurance Company Ltd. & Others – Respondent


Advocates Appeared: For the Appellant:M. Sriram, Advocate. For the Respondents:R1, K.S. Narasimhan, R2, A.V. Munusamy, Advocates.

Judgment :-

P.K. Misra, J.

The question in controversy relates to the extent of liability of the Insurance Company. Appeal has been preferred by the owner. There is a delay of about 900 days in filing the appeal. Notice has been served on the respondent/Insurance Company as well as the claimant/respondent.

2. At the time when the petition for condonation of delay was listed, we had made it clear to the counsels appearing for all the parties that they should advance arguments not only on the question of delay but also on merit of the appeal itself. Accordingly, the learned counsels have been heard on the question of condonation of delay as well as on merit of the appeal. It is therefore necessary to first consider the question of condonation of delay and, if delay is condoned, the appeal itself would be disposed of on merits. However, if the delay is not condoned, it may not be necessary to deal with the questions raised in the appeal.

3. In the petition for condonation of delay, the appellant has contended that since he had shifted his business to Dharmapuri from Kancheepuram in the year 1988, he had lost contact with his advocate and the letter sent to him by his advocate could not


































































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