Most. Meena Devi & Ors vs The Manager
2025 Latest Caselaw 3032 Jhar

Jharkhand High Court

Most. Meena Devi & Ors vs The Manager on 3 March, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             M. A. No. 353 of 2016
Most. Meena Devi & Ors.                                ....   ....     Appellants
                                   Versus
The Manager, New India Insurance Company Limited & Ors.
                                             ...     ....                  Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellants                 : Mr. Pradeep Kumar Prasad, Advocate

For the Respondents          : Mr. Prashant Kumar Shrivastava, Advocate
                               Mr. Bhanu Pratap, Advocate
                           ------

Order No. 10 / Dated : 03.03.2025.

I.A. No. 2215 of 2020 Heard, learned counsel on behalf of the appellants in I.A. No.2215 of 2020, which has been filed under Section 5 of the Limitation Act in preferring the instant appeal.

Learned counsel appearing on behalf of the respondent no. 2 has opposed the prayer for condonation of delay.

Considering the grounds taken in the aforesaid interlocutory application, delay of 79 days in filing the instant appeal, is condoned.

Under the circumstance, I.A. No. 2215 of 2020 is allowed.

Earlier Notices were issued on respondents in limitation matter and service report has been received.

Accordingly, notice is declared to be validly served on respondent nos. 1, 2 & 4.

Notice could not be served on respondent no. 3 (Owner of the motorcycle). However, the judgment and award of compensation is against the Insurance Company (Respondent No.1) and no appeal has been preferred by the Insurance Company.

Under the circumstance, respondent no. 3 is not a necessary party in the present appeal and therefore, service of notice on this respondent is dispensed with.

List this case under the heading for admission.

(Gautam Kumar Choudhary, J.) Pawan/ -