MADHYA PRADESH HIGH COURT
Seventh Additional Member, J
Claimants – Appellant
Versus
Insurance Company – Respondent
| Table of Content |
|---|
| 1. appeals are governed by established legal principles. (Para 1 , 2 , 3) |
| 2. key facts surrounding the accident and claims for compensation. (Para 4 , 5 , 6 , 7) |
| 3. court’s reasoning and applicable laws on compensation. (Para 9 , 10 , 12) |
| 4. final ruling on compensation liabilities and procedural mandates. (Para 13 , 14 , 16) |
1.This order shall govern the disposal of aforesaid two appeals (Misc. Appeal No. 848 of 2008 and Misc. Appeal No. 653 of 2009) having arisen against a common award dated 28.4.2008 in Claim Case No. 61 of 2007 passed by the Seventh Additional Member of the Motor Accidents Claims Tribunal, Gwalior (MP).
2. Apparently, Misc. Appeal No. 653 of 2009 is submitted by the appellant insurance company beyond the period of limitation, hence, with a view to condone such delay of 352 days, firstly I.A. No. 10816 of 2009 and supporting it another application I. A. No. 3099 of 2013 have been filed. The grounds urged for condoning the delay are that the concerned appearing counsel before the Tribunal could not inform the result of the case well within time and, therefore, the appellant insurance company could not know the fate of the case. It is further pointed ou
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