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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gopal Lal Chodhary @ Gopal Lal Choudhary – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. The present appeal has been filed by the owner of the offending vehicle. Challenge in the appeal is to the award dated 20.08.2014. Along with the appeal, CM-10850-CII-2024 has been filed under Section 5 of the Limitation Act for condonation of delay of 2793 days in filing the appeal.
2. Learned counsel for the applicant-appellant, while referring to the averments made in the application, has submitted that the appellant was under the impression that no liability to pay the compensation to the claimants had been fastened upon the present appellant and thus, he was under the impression that he did not need to file an appeal. It is submitted that it is only when he received summons from the Executing Court in December, 2023 that he realized that liability had been fastened upon him and thereafter, the appellant tried to settle the matter with the Insurance Company but the Insurance Company kept on postponing the matter on one pretext or the other and subsequent to the same, the appeal was filed and in the process, the delay of 2793 days had occurred. It is submitted that the delay is due to the said bona fide reasons and the Court should adopt liberal approa
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.
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