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2025 Supreme(Online)(HP) 3985

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J
Oriental Insurance Company – Appellant
Versus
Karam Chand and Ors – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Deepak Bhasin, Sr. Advocate, Mr. Sambhav Bhasi
For the Respondents: Ms. Shivani Tegta, Mr. Rakesh Chaudhary, Mr. Abhinav Mohan Goel

Table of Content
1. application filed for condonation of delay by insurance company. (Para 1 , 2 , 3 , 4 , 5)
2. ground for delay explained under limitation act. (Para 6)
3. court's reasoning on condonation of delay and necessary explanations. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)

Vivek Singh Thakur, J . (Oral)

This application has been filed for condonation of delay in filing appeal against the award dated 27.05.2024 passed in MACP No. 43/K/II/2021/17 by Motor Accident Claims Tribunal-III, Kangra at Dharamshala, District Kangra.

2. The only ground taken to explain the delay is that Insurance Company was proceeded against ex-parte before passing of award by MACT and, therefore, the Company was not aware about passing of the award by the MACT till First week of October, 2024.

1 Whether reporters of the local papers may be allowed to see the judgment?

3. It is further case of the Insurance Company that immediately thereafter appeal was filed after seeking legal opinion and it has been stated that there was bonafide and compelling reason, and also due to location of the Insurance Company at the distant place, due to which delay has occurred in filing the appeal.

4

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