United Injdia Insurance Company ... vs Ramnath Kakodia
2022 Latest Caselaw 2836 MP

                                                           1
                                 The High Court Of Madhya Pradesh
                                           MA No. 3498 of 2018
                             (UNITED INJDIA INSURANCE COMPANY LIMITED Vs RAMNATH KAKODIA AND OTHERS)

                      Jabalpur, Dated : 28-02-2022
                            Shri Vineet Kumar Pandey, learned counsel for the appellant.

                            Shri Sachin Shukla, learned counsel for the respondent nos. 1 to 5.

Shri Arpan Shrivastava, learned counsel for the respondent no.7. Appellant has filed I.A.No. 8935/2018, an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.

It is submitted by counsel for the appellant that there is delay of 37 days in

filing the appeal. It is submitted that file was misplaced, therefore, delay of 37 days occurred in filing the appeal.

Respondents had not filed any reply to the application under Section 5 of the Limitation and raised formal objection.

In view of the aforesaid, I.A.No. 8935/2018 is allowed. Delay in filing the appeal is hereby condoned. Appellant has filed this appeal challenging award dated 13.3.2016 passed in MVC No. 60/2015 by First Additional Motor Accident Claims Tribunal, Seoni.

Counsel for the appellant submitted that award passed by the Claims

Tribunal is contrary to the judgment passed by the Apex Court in case of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680. Reduction made by the Claims Tribunal is not in accordance with the said judgment.

Respondents are served.

Appeal is admitted for final hearing.

Operation of the award dated 13.3.2016 passed in MVC No. 60/2015 shall remain stayed on deposit of 50% of the award amount. 50% of the award amount deposited by the Insurance Company may be withdrawn by the claimants on filing application before the Claims Tribunal. Statutory amount of Rs. 25,000/- deposited by the Insurance Company shall be adjusted in amount to be deposited

Signature SAN Not in compliance of aforesaid order. Verified

Digitally signed by Certified copy as per rules. ARVIND KUMAR DUBEY Date: 2022.03.02 09:30:27 IST

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2022.03.02
09:30:27 IST