[Cites 0, Cited by 0]
Chattisgarh High Court
Manager, Chola Mandalam M.S. General ... vs Bhushan Lal Yadav on 16 March, 2026
1
Digitally
signed by
SIDDHANT
SIDDHANT TAMRAKAR
TAMRAKAR Date:
2026.03.16
2026:CGHC:12401
16:09:33
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1669 of 2024
• Manager, Chola Mandalam M.S. General Insurance Company Limited, In-
front Of Jivan Bima Nigam Office, Simran Tower, Raipur District Raipur
Chhattisgarh (Insurer Of Vehicle Tractor Kubota No. C.G. 06 Gs/0609)
... Appellant(s)
versus
1. Bhushan Lal Yadav S/o Chhotu Ram Yadav Aged About 36 Years R/o
Village Ward No. 10 Tikrapara Churki, Post Mohandi, Thana Khailari, Tehsil
Bagbahara, District Mahasamund Chhattisgarh (Claimants)
2. Ahilya Bai Yadav W/o Bhushan Lal Yadav Aged About 33 Years R/o Village
Ward No. 10 Tikrapara Churki, Post Mohandi, Thana, Khallri, Tehsil
Bagbahara, District Mahasamund Chhattisgarh (Claimants)
3. Loknath Sahu S/o Ghanshyam Sahu Aged About 39 Years Occupation
Agriculture, Resident Churki, Thana Khallari, Tehsil Bagbahara, District
Mahasamund Chhattisgarh (Driver Of Accident Vehicle Tractor Kubota No.
Cg 06 Gs/0609)
4. Ghanshyam Sahu S/o Antaram Sahu Aged About 60 Years Occupation
Agriculture, R/o Churki, Thana Khallari, Tehsil Bagbahara, District
Mahasamund Chhattisgarh (Registered Owner Of Accident Vehicle Tractor
Kubota No. Cg 06 Gs/0609)
... Respondent(s)
For Appellant/Insurance : Mr. Ashish Pandey, Advocate holding the brief
Company of Mr. N.K. Thakur, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
16.03.2026
1. Heard on I.A. No. 01/2024, an application for condonation of delay in filing
appeal.
2. The Insurance Company has preferred this appeal assailing the judgment
and award passed by the learned Motor Accident Claims Tribunal,
Mahasamund passed in Claim Case No. H-88/2022 dated 04.12.2023,
whereby, the learned Tribunal granted compensation to the tune of Rs.
5,00,000/- with interest at the rate of 6% per annum on account of death of
Takeshwar @ Takesh.
3. The appellant herein has preferred this appeal with delay of 160 days.
4. Learned counsel for the appellant/Insurance Company would submit that
award was passed on 04.12.2023, whereas, appeal has been preferred on
12.08.2024 with delay of 160 days. He would contend that copy of the
documents along with an award was sent to the company office at Raipur
and the documents were subsequently forwarded to Regional office,
Indore. He would contend that thereafter sanction was accorded and
appeal was filed. He would submit that the Insurance Company has
explained delay part properly.
5. I have heard Mr. Pandey at length and perused the application for
condonation of delay with utmost circumspection.
6. Perusal of application would show that the appellant/Insurance Company
has not explained delay properly. The appellant herein has filled banks and
mentioned period of delay. It is nowhere stated that when documents were
forwarded to the company at Raipur and when those documents were
further forwarded to Regional office, Indore. It is also not stated as to when
sanction was accorded and when counsel for Insurance Company was
instructed to prefer an appeal.
7. Recently, Hon'ble Supreme Court in the matter of H. Guruswamy & Ors.
Versus A. Krishnaiah Since Deceased by Lrs. 1 held courts cannot use a
1. [2025] 1 SCR 764
"liberal approach" to condone inordinate, unjustified delays caused by a
party's own negligence. Relevant paras of the aforesaid judgment are
reproduced herein below :-
"13. We are at our wits end to understand why the
High Court overlooked all the aforesaid aspects. What
was the good reason for the High Court to ignore all
this? Time and again, the Supreme Court has
reminded the District judiciary as well the High courts
that the concepts such as "liberal approach", "Justice
oriented approach", "substantial justice" should not be
employed to frustrate or jettison the substantial law of
limitation.
16. The length of the delay is definitely a relevant
matter which the court must take into consideration
while considering whether the delay should be
condoned or not. From the tenor of the approach of the
respondents herein, it appears that they want to fix
their own period of limitation for the purpose of
instituting the proceedings for which law has
prescribed a period of limitation. Once it is held that a
party has lost his right to have the matter considered
on merits because of his own inaction for a long, it
cannot be presumed to be non-deliberate delay and in
such circumstances of the case, he cannot be heard to
plead that the substantial justice deserves to be
preferred as against the technical considerations.
While considering the plea for condonation of delay,
the court must not start with the merits of the main
matter. The court owes a duty to first ascertain the
bona fides of the explanation offered by the party
seeking condonation. It is only if the sufficient cause
assigned by the litigant and the opposition of the other
side is equally balanced that the court may bring into
aid the merits of the matter for the purpose of
condoning the delay.
17. We are of the view that the question of limitation is
not merely a technical consideration. The rules of
limitation are based on the principles of sound public
policy and principles of equity. No court should keep
the 'Sword of Damocles' hanging over the head of
litigant for an indefinite period of time.
8. Taking into consideration the facts discussed above and the law laid down
by the Hon'ble Supreme Court in the matter of H. Guruswamy (supra), in
the opinion of this Court, the claimants have not explained the delay
properly, therefore the application for condonation of delay [I.A. No.
01/2024] is liable to be and is hereby rejected.
9. Consequently, the appeal is also dismissed. No cost(s).
Sd/-
(Rakesh Mohan Pandey)
Judge
$iddhant
