Kr Himali Arya And 3 Others vs Oriental Insurance Company Limited And ...
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Allahabad High Court

Kr Himali Arya And 3 Others vs Oriental Insurance Company Limited And ... on 15 May, 2024

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87268-DB
 
Court No. - 21
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 146 of 2024
 

 
Applicant :- Kr Himali Arya And 3 Others
 
Opposite Party :- Oriental Insurance Company Limited And 2 Others
 
Counsel for Applicant :- Anupam Shyam Dwivedi,Sudhir Dixit,Utkarsh Dixit
 
Counsel for Opposite Party :- Nagendra Kumar Srivastava
 

 
Hon'ble Manoj Kumar Gupta,J.
 

Hon'ble Kshitij Shailendra,J.

1. The first appeal from order filed by the appellants before this Court challenging the judgment and award dated 13.3.2014 passed by Motor Accident Claim Tribunal, awarding Rs. 3,46,800/- along with 6% interest per annum to the appellants, was delayed by 442 days. The appeal was dismissed by a Co-ordinate Bench on ground of delay and laches by order dated 15.9.2015.

2. Now, the instant review application has been filed for review of the order dated 15.9.2015 rejecting the delay condonation application and dismissing the appeal. The review application is delayed by 3,068 days.

3. We have perused the affidavit filed in support of the delay condonation application.

4. The reason for filing the review application with delay is given in para 9 of the affidavit filed in support of the delay condonation application, according to which, the appellants gained knowledge of the order dated 15.9.2015 when they made enquiry of the status of their appeal. It is alleged that they came to know of the order dated 15.9.2015 for the first time on 4.2.2024.

5. We are not ready to accept the explanation given for inordinate delay of almost nine years in filing the review application. Moreover, it is beyond comprehension that the appellants after filing the appeal, would not enquire about its fate for nine years.

6. In any event, in case they had been so negligent, we are not inclined to accept the explanation given for the delay and accordingly reject the delay condonation application and in consequence, the review application.

(Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.)

Order Date :- 15.5.2024

Jaideep/-