AI Overview...
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Delay in Filing Claim Petition - The sources discuss instances where delays occurred in filing claim petitions or appeals, often citing the importance of condoning such delays based on judicial discretion. For example, Vyavasaya Seva Sahakari Sangh SHIVANNA (DECEASED) BY L. RS VS PUTTABASAVAIAH (DECEASED) BY L. RS. - Karnataka condoned delay after examining relevant judgments, emphasizing that courts can overlook delays if justified. Similarly, in INDCHH00000039871, the Supreme Court acknowledged long delays but directed that claimants could still be entitled to interest, considering the circumstances Heera Singh Sahu, Smt. Rekha Sahu vs Ramnaryan Singh Rajput, Ramji Bharti, Shriram General Insurance Company Limited - Chhattisgarh.
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Condonation of Delay - Courts have exercised their power to condone delays in filing appeals or petitions, especially when substantial delays are involved. For instance, in SHIVANNA (DECEASED) BY L. RS VS PUTTABASAVAIAH (DECEASED) BY L. RS. - Karnataka, the appellate authority condoned delay after detailed consideration, and in Suraj Mukhi VS Sunil Garg - Allahabad, the court refused interest for delayed periods based on previous judgments like Lakkamma v. United Insurance Co. (2021) 20 SCC 797, which emphasizes the importance of timely filing but also allows for exceptions.
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Interest on Delayed Claims - Several sources highlight that courts may deny interest on delayed claims, referencing the judgment in Lakkamma (2021), which clarifies that interest is not payable for periods of delay unless the delay is excused or condoned. For example, in Suraj Mukhi VS Sunil Garg - Allahabad, the court held that interest would not accrue from the date of the tribunal’s decision until the appeal was filed, aligning with the principles laid down in Lakkamma.
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Judicial Discretion and Principles - Courts exercise discretion in condoning delays and awarding interest, balancing procedural fairness with substantive justice. The Supreme Court’s judgment in Lakkamma underscores that delays should be properly explained and justified for interest to be awarded, but delays can be condoned if sufficient grounds are shown Heera Singh Sahu, Smt. Rekha Sahu vs Ramnaryan Singh Rajput, Ramji Bharti, Shriram General Insurance Company Limited - Chhattisgarh.
Analysis and Conclusion:
Courts generally recognize delay in filing claim petitions or appeals but are willing to condone such delays if justified, as seen in multiple judgments. However, the awarding of interest on delayed claims is typically barred unless the delay is condoned, with the landmark judgment in Lakkamma setting a precedent that interest is not payable for delays unless explicitly justified. Overall, the key factors influencing decisions on delay include judicial discretion, the reasons for delay, and whether the delay was excused or condoned.
Search Results for "Lakkama for Delay in Filing Claim Petition"
2005 0 Supreme(Kar) 724 • India - Karnataka
N.K.PATIL
Vyavasaya Seva Sahakari Sangh, Pattan and Others has considered the point of delay in detail by extracting the relevant portion of the judgment and thereafter condoned the delay in filing the appeal. ... Further, learned Counsel appearing for petitioner has taken a specific ground and specifically submitted that, the Appellate Authority has not taken into consideration the delay in filing the appeal and has also failed to give any finding regarding the same. ... Accordingly, the revision petit....
2019 0 Supreme(Kar) 1859 • India - Karnataka
S.N.SATYANARAYANA, SACHIN SHANKAR MAGADUM
involving TVS Motorcycle bearing Car bearing - Claim petition was allowed awarding compensation in a sum - appeal is filed seeking ... petition it is stated that the said amount is borrowed and spent - Court would observe that the additional compensation awarded ... petition in was filed by appellant herein seeking compensation for the injuries suffered in a road traffic accident dated 06.07.2011 ... The said claim petition was allowed awarding compensation in a sum of Rs.7,70,000/paya....
2019 0 Supreme(Kar) 1860 • India - Karnataka
S.N.SATYANARAYANA, SACHIN SHANKAR MAGADUM
petition it is stated that said amount is borrowed and spent - Court would observe that additional compensation awarded in this ... appeal is Rs. 6,25,450/- shall be paid by respondent-insurer with 9% p.a. from date of petition till date of realization - Appeal ... is nothing but reimbursement of expenses which was incurred by them during period 2011 while she was under treatment wherein, in claim ... No. 1/19 is filed seeking condonation of delay of 1228 days in filing the LR application, I.A. No. 2/19....
2022 0 Supreme(All) 184 • India - Allahabad
Insurance - Motor Accident Claims - Motor Vehicles Act, 1988 - Section 147, Section 149 - Lakkamma and Others Vs. ... the claim petition till award as the claimants have remained unrepresented throughout except filing of claim petition. ... This has also been challenged by claimants by filing their cross objection. ... Ltd., has challenged the judgment and award dated 19.5.1992 passed by Motor Accident Claims Tribunal/1st Additional District Judge, Kanpur Nagar in #HL....
2021 0 Supreme(All) 1592 • India - Allahabad
K.J.THAKER, SUBHASH CHAND
The respondent-Insurance Company shall deposit the amount along with additional amount within a period of 12 weeks from today with interest at the rate of 6% from the date of filing of the claim petition till the decision in the claim petition from the period when the matter remained pending, there shall ... Fresh Award be drawn accordingly in the above petition by the tribunal as per the modification made herein. ... This appeal, at the behest of the claimants, challenges the judgment....
2022 0 Supreme(All) 210 • India - Allahabad
K.J.THAKER
Fact of the Case: The case involved a motor accident claim petition where the deceased was hit by a truck, resulting ... The respondent-Insurance Company shall deposit the amount along with additional amount within a period of 12 weeks from today with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited. ... Fresh Award be drawn accordingly in the above petition by the tribunal as per the modification made herein. ... By the above pr....
2025 Supreme(Online)(Chh) 9225 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
Considering the submission of counsel for respondent No.3 and the period of delay in filing the instant appeal and the decisions of Hon’ble Supreme Court Lakkamma Versus United Insurance Company Limited , reported in (2021) 20 SCC 797, it is directed that ... At this stage, counsel for the respondent No.3 submits that as there is a long inordinate delay in filing this appeal, therefore, the claimants are not entitled for the interest for the delayed period. ... On the basis of the pleadings of the p....
2010 0 Supreme(Del) 754 • India - Delhi
J.R.MIDHA
dispensation--It is not necessary that a person should have appeared in the witness box--Offence stands committed and completed by the filing ... The filing of the petition containing false averments also constitutes criminal contempt of court under Section 2(c) of the Contempt of Courts Act 1971 which reads as under: ? ... But when he presents these papers at the filing counter, it is filing in court. The moment they cross the window at the filing counter is precisely the point of ti....
2025 Supreme(Online)(Kar) 17546 • India - Karnataka High Court
RAMACHANDRA D. HUDDAR, J
There is delay in filing the complaint. Among other grounds, it is prayed by respondent No.2, to dismiss the petition. 7. Based upon the rival pleadings of both the parties, learned tribunal framed the relevant 5 issues. 8. ... The brief facts leading to this appeal are as under: That the claimants filed the claim petition under Section 166 of the a href="./.. ... The learned counsel for respondent No.2 submits that, whatever the compensation awarded by the tribunal is correct and cannot be interfered....
2022 0 Supreme(All) 271 • India - Allahabad
K.J.THAKER, AJAI TYAGI
However, from the date of the decision of Tribunal i.e. 24.9.2015 till the date of filing of the appeal i.e. 6.5.2016, namely the delay in filing the appeal, interest would not be payable to the claimant in both the appeals in view of the decision in Lakkamma and Others Vs. ... The respondent-Insurance Company shall deposit the difference amount within a period of 12 weeks from today with interest at the rate of 7.5% from the date of filing of the claim petition till ....
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