Sardar Pritam Singh vs Savana Mahto & Ors
2025 Latest Caselaw 2947 Jhar

Jharkhand High Court

Sardar Pritam Singh vs Savana Mahto & Ors on 27 February, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              M. A. No. 584 of 2015
         1.Sardar Pritam Singh
         2.Smt. Surinder Kour
         3.Hardeep Kaur                              .... .. ... Appellant(s)
                              Versus
         Savana Mahto & Ors.                          .. ... ...Respondent(s)
                    ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Appellant (s) : Ms. Rakhi Rani, Advocate For the Resp.(s) : Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate ......

09/ 27.02.2025. The claimants/ appellants are in appeal for enhancement of the compensation awarded under Section 166 of the M.V. Act, 1988 vide judgment dated 06.01.2014 passed by Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Compensation Case No.169 of 2006 whereby and whereunder liability has been solely fixed upon the Resp. No.3 (The Oriental Insurance Co. Ltd.).

The Resp. No.3 (The Oriental Insurance Co. Ltd.) has not preferred any cross-objection against the said impugned judgment of Award.

Under the circumstances, the requirement of service of notice upon Respondent Nos.1 and 2 is dispensed with.

I.A. No.7011 of 2015.

Heard, learned counsel for the parties on the aforesaid I.A. filed for condonation of delay of about 525 days in preferring the instant Misc. Appeal.

It is argued by learned counsel for the appellants/claimants that the said delay was not intentional because of the reason that the claimants could not arrange the resources for filing the instant Misc. Appeal in due time. The deceased was the sole bread-earner and the appellants are the parents and his widow.

Learned counsel for the Respondent No.3- Insurance company has opposed the prayer for condonation of delay.

Considering the grounds, the prayer for delay about 525 days in preferring the instant Misc. Appeal is allowed and the delay of the said days is condoned.

The aforesaid I.A. stands disposed of.

M. A. No. 584 of 2015.

It appears that there is element of settlement between the parties, as such, the matter is referred to the National Lok Adalat scheduled to be held on 08.03.2025.

Both the parties are directed to appear on the said date before the National Lok Adalat.

(Gautam Kumar Choudhary, J.) Sandeep/