Puni Bai vs Achchhe Lal Agrawal
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Chattisgarh High Court

Puni Bai vs Achchhe Lal Agrawal on 4 September, 2025

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                 MAC No. 1146 of 2020
                                   PUNI BAI versus ACHCHHE LAL AGRAWAL
HIFZURRAHMAN
ANSARI
                                                         Order Sheet

Digitally signed by
HIFZURRAHMAN
ANSARI
Date: 2025.09.04
17:47:00 +0530        04/09/2025           Mr. Rakesh Kumar learned counsel for the appellants.
                                           Mr. Anil Gulati and Ms. Sakshi Chhabra, learned counsel for
                                    the respective respondents.

Heard on IA No. 01/2020 - application for condonation of delay under Section 5 of Limitation Act.

Learned counsel for the appellants submit that the appellant No.1 is the wife of the deceased and appellants No. 2 to 4 are his minor children and appellant Nos. 5 & 6 are his parents. He submits that being unaware of the legal procedure regarding the limitation period of fling an appeal they approached their local counsel, who advised them to prefer an appeal. However, due to closure of the lower Court during the Covid-19, the appeal could not be filed within time. He submits that thereafter upon consulting counsel, the present application has been filed.

Learned counsel for the respondent No. 3 submits that the delay is inordinate and no satisfactory explanation is offered therefore, the application may be rejected. Alternatively, he submits that in the event the application of condonation of delay is allowed, and this Court enhanced the compensation, the insurance company may not be burden with the interest for the delay caused by the fault of the appellants.

Heard learned counsel for the parties and perused the records. Of course there is a delay of 1616 days. However, as the Motor Vehicle Act is benevolent legislation and the delay in these cases to be consider liberally. Apart from this, it has to be seen that the appellant Nos. 2 to 4 are minor children and their rights are required to be protected by this Court, this Court also as to see just compensation is awarded to the appellants/claimants. At the same time, this Court is also conscious to the fact that in the event the compensation is enhanced by this Court, the insurance company who has no fault, may not be burden with liable to pay interest for the delay caused by the appellants. Therefore, in the interest of justice and in light of judgment of Hon'ble Supreme Court in case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others reported in (2013) 12 SCC 450 and in the case of N. Balakrishnan V. M. Krishnamurthy reported in (1998) 7 SCC 123, the application for condonation of delay is allowed and delay of 1616 days is hereby condoned. It is also observed that in the event, the appeal is allowed and the compensation awarded by the learned claims Tribunal is enhanced, the appellants may be entitled to interest from today.

Call for the records of the learned claims Tribunal forthwith. List the case in the week commencing 15.09.2025.

Sd/-

(Sachin Singh Rajput) Judge

H. Ansari