Madhya Pradesh High Court
National Insurance Company Ltd. vs Ajiz Khan on 5 August, 2021
Author: Anand Pathak
1 MA-4322-2018
The High Court Of Madhya Pradesh
MA-4322-2018
(NATIONAL INSURANCE COMPANY LTD. Vs AJIZ KHAN AND OTHERS)
6
Gwalior, Dated : 05-08-2021
Shri Srinivas Gagendra Gadkar, learned counsel for the
appellant/insurance company.
Shri B.D. Verma, learned counsel for the respondent No.1.
Shri B.S. Bhadouriya, learned counsel for the respondent No.7.
Shri Ram Vilas Sharma, learned counsel for the respondent No.8.
Heard through Video Conferencing.
Heard on I.A. No.4472/2018, an application for condonation of delay.
Learned counsel for the appellant/insurance company submitted that
the present appeal has been preferred against the impugned order dated
20.09.2017 passed by the Member, MACT, Mungawali, District- Ashoknagar
with delay of 267 days. It is submitted that accident took place on the very
date when insurance policy was issued by the appellant/insurance company. It
was an accident which is in insurance parlance, is a case of close proximity,
therefore, it was required to be scrutinized and searched by the higher
authorities of insurance company. Said procedural aspect took time and
therefore, delay has been caused. Since the appellant/insurance company is a
company for public welfare and run through public funds, therefore, it is
imperative that a chance may be given to the appellant to show its case on
merits. Therefore, condonation of delay in filing the appeal is in the interest of
justice. Counsel relied upon the judgments in the cases of N. Balakrishnan
Vs. M. Krishnamurthy reported in (1998) 7 SCC 123 and State of
Nagaland Vs. Lipok AO and others reported in (2005) 3 SCC 752.
Learned counsel for the respondents opposed the prayer on the ground
that appeal suffers from inordinate delay and no plausible explanation has
been extended.
Heard learned counsel for the parties through video conferencing.
2 MA-4322-2018
Considering the contents of application as well as legal position, it is
sufficiency of causing in delay is material and looking to the reasons assigned
in the application, it appears that appellant/insurance company ought to be
given a chance to address on merits and therefore, it is a case made out for
hearing on merits.
Application for condonation of delay is hereby allowed and delay in
filing the appeal is hereby condoned.
Appeal shall be heard on admission as well as on merits, if possible,
alongwith cross-objection preferred by the claimants on the next date of
hearing.
At this juncture, learned counsel for the appellant/insurance company
fairly submitted that insurance company is ready to deposit the awarded sum
provided its interest be protected.
Considering the prayer, appellant/insurance company is directed to
deposit the awarded sum within 15 days from today subject to the fact that
claimants shall not be allowed to get the amount till next date of hearing.
List the matter on 23.08.2021 for final hearing at motion stage.
(ANAND PATHAK)
JUDGE
Rashid
Digitally signed by ASHISH CHAURASIA
ASHISH
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
CHAURASIA
2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d
4de08c6bb9303e52e2e7e728d9bac85bd3,
cn=ASHISH CHAURASIA
Date: 2021.08.06 11:20:56 +05'30'
