Ram Prakash vs Shri Ram General Ins. Co. Ltd. And ...
2021 Latest Caselaw 7067 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2282/2016

Ram Prakash

----Appellant Versus Shri Ram General Ins. Co. Ltd. And Ors.

                                                                ----Respondent


For Appellant(s)         :     Mr. DS Thind
For Respondent(s)        :     Mr. Vishal Singhal

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

10/03/2021

The matter comes up on an application preferred under Section

5 of the Limitation Act for condonation of delay in filing the present

appeal.

The appeal is time-barred by 651 days. The reply to the

application has been filed by the respondent - Insurance Company.

Learned counsel for the applicant submits that the applicant

belongs to the lowest strata of the society and is residing in the

remote area of Rajasthan. The applicant is an illiterate person and

therefore, he could not understand the effect of the order passed by

the Tribunal on 02.09.2014 but file the present appeal on the advise

of some learned person as the consequences of paying the

compensation might fall on him.

By filing the reply to this application, submissions made by

learned counsel for the applicant are opposed by the learned counsel

for the respondent - Insurance Company.

Learned counsel for the respondent - Insurance Company

submits that in view of the judgment of Hon'ble the Supreme Court,

(2 of 2) [CMA-2282/2016]

the applicant has to explain the delay of each and every day and the

Court will not condone the delay, if it is not convinced that the delay

occurred due to reasons beyond the control of applicant. He further

contends that since the delay is not properly explained by the

applicant therefore, the application for condonation of delay should

be dismissed.

I have considered the submissions made at the Bar.

It is a fact that each day's delay is required to be explained and

the Court shall consider the same and if convince, the same can be

condoned. In the present case, the fact that the appellant is an

illiterate person, belongs to the lower strata of the society and is

residing in the remote area of Rajasthan i.e. Village 87GB, Tehsil

Annopgarh, District Sri Ganganagar, he could not evaluate the effect

of the Judgment and Award dated 02.09.2014. As soon as the

consequences were made known to him, he approached the learned

counsel and filed the present appeal.

In these circumstances, this Court is convinced that the appeal

could not be preferred by the appellant within time on the bona fide

reasons and there was no intentional delay of 651 days to file the

present appeal.

In view of the discussions made above, the application

preferred under Section 5 of the Limitation Act for the condonation of

delay is allowed. The delay of 651 days in filing the present appeal is

condoned.

List the matter for admission on 15.03.2021.

(VINIT KUMAR MATHUR),J

69-Payal/-

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