Another vs Bharti Axa General
2023 Latest Caselaw 1203 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                            COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      01.05.2023                        Delay Condonation Application in Time Barred AO (IA No.2of 2022)
                                        Stay Application (IA No.1 of 2022)
                                        In
                                        AO No.339 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 02.03.2022, passed by learned Motor Accident Claims Tribunal/ District Judge, Chamoli in Motor Accident Claim Petition No.03 of 2020, "Smt. Babita Devi and Another vs. Bharti AXA General Insurance Company Limited and Another," by which, an award for a sum of Rs.25,62,460/-(Rupees twenty five lakh sixty two thousands four hundred sixty) has been passed against the Insurer. Appellants-insurer has been further directed to pay an interest @ 6% per annum from the date of petition till its actual payment.

2. Heard Mr. Nishat Krishna Adhikari, learned counsel holding brief of Mr. Ramji Shrivastava, learned counsel for the appellant, Mr. B.S. Negi, learned counsel for respondent nos. 1 and 2 and Mr. Mukesh Singh Rawat, learned counsel for respondent no.3 on the Delay Condonation Application (IA No.2 of 2022).

3. The said Delay Condonation Application has not been seriously opposed by the respondents.

4. Learned counsel for the appellant submitted that after receiving the copy of judgment, the said copy was sent to the higher authorities of the Company and after receiving the same it was decided that the impugned award dated 02.03.2022 should be challenged. Thereafter, appeal and delay condonation application were drafted and sent to the deponent for signing and swearing the same before the Notary Public. Therefore, delay of 114 days' in preferring the appeal is bonafide.

5. In support of the said submissions, an affidavit has been filed. The said affidavit is unrebutted.

6. Sufficient cause to condone the delay has been shown. In the interest of justice, delay condonation application is allowed. The delay of 114 days' in filing the present Appeal is condoned.

7. Heard on Admission.

8. Admit.

9. Summoned the LCR.

10. List on 20.09.2023.

11. Heard on Stay Application (IA No.1 of 2022).

12. Subject to deposit of entire awarded amount within four weeks' from today before the Tribunal concerned, the effect and operation of the impugned Award dated 02.03.2022 are stayed till disposal of this Appeal.

13. Stay Application (IA No.1 of 2022) stands disposed of accordingly.

(Alok Kumar Verma, J.) 01.05.2023

Neha