United India Insurance Co Ltd vs Smt Sushila Devi And Ors
2022 Latest Caselaw 1284 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 3686/2017

United India Insurance Co Ltd
                                                                        ----Appellant
                                    Versus
Smt Sushila Devi And Ors
                                                                    ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 6904/2017 Smt Sushila Devi

----Appellant Versus Mohammed Farukh And Ors

----Respondent

For Appellant(s) : Mr. Lokesh Parihar through V.C.

(respondent in 6904/17) For Respondent(s) : Mr. Poonam Chand Sharma through V.C. (appellant in 6904/17)

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

04/02/2022 S.B. Civil Miscellaneous Appeal No. 6904/2017

An application under Order 22 Rule 3 CPC has been filed

after expiry of period of limitation for substitution of legal

representatives of appellant-Sushila Devi. Sushila Devi was not

satisfied with the quantum of compensation awarded by the Motor

Vehicle Accident Claim Tribunal.

In connected SB Civil Misc. Appeal No. 3686/2017 the

Insurance Company has challenged the same award, in that

appeal legal representatives of Sushila Devi are already

substituted. In the circumstance delay in filing of petition under

order 22 Rule 3 is condonable and is condoned and prayer of

(2 of 2) [CMA-3686/2017]

substitution is allowed. Amended cause title already filed be

taken on record.

IA No. 3061/2017 an application under Section 5 of the

Limitation Act is for condonation of delay in preferring the appeal,

considering the factual situation of the matter that the insurance

company has already challenged the judgment of Tribunal in SB

Civil Misc Appeal No 3686/2017 which is already admitted for

hearing, for substitutional justice delay in filing of this appeal by

the claimant also stands condoned. The appeal is admitted for

hearing.

Lower Court record has already received.

List these matters for final hearing.

(BIRENDRA KUMAR),J

Ashu /11-12

Powered by TCPDF (www.tcpdf.org)