United India Insurance Company ... vs Bilkeesh Khatoon & Ors
2021 Latest Caselaw 3399 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      M.A. No. 632 of 2018
          United India Insurance Company Limited through its
          Divisional Office, Ranchi............                           Appellants
                                 Versus
          Bilkeesh Khatoon & Ors............                                    Respondents
                                        ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Appellants : Mr. Manish Kumar, Advocate For Respondent Nos. 1-4 : Mr. Amit Singh, Advocate ......

I.A. No. 9673 of 2018

4/13.09.2021 This interlocutory application has been filed under Section 5 of the Limitation Act, to condone the delay of 11 days, occurred in filing this appeal. The grounds to condone the delay have been mentioned in Para- 4 to 8 of this application.

This appeal is by the insurance company. I have heard learned counsel for the insurance company and learned counsel for the claimants/respondents.

After going through the records, I find that the reasons have sufficiently been explained by the appellant for condoning the delay of 11 days, occurred in filing this appeal. Accordingly, this interlocutory application is allowed. The delay of 11 days, occurred in filing this appeal is hereby condoned.

I.A. No. 9673 of 2018 stands disposed of. M.A. No. 632 of 2018 Mr. Manish Kumar, learned counsel appearing for the insurance company submits that as per the judgment of the Hon'ble Supreme Court in the case of "National Insurance Company Limited - versus- Pranay Sethi & Others, reported in (2017) 16 SCC 680", since the deceased was 50 years of age at the time of death, enhancement of future prospects should be 15% of the salary and not 40% as granted by the Tribunal. He submits that this is the only ground to challenge the Award.

Learned counsel for the claimants prays for some time. Prayer is allowed.

List this case after two weeks under the heading "for Admission."

(Ananda Sen, J) Mukund/-cp.2