Reliance General Insurance Company Limited v. Kamleshwar Gour
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 461 of 2016 Reliance General Insurance Company Limited , Through Its Legal Manager, Reliance General Insurance Company Limited, 5th Floor, National Corporate House Opposite Maruti Business Park, G.E.Road, Raipur, Chhattisgarh ---- Petitioner
Versus
1. Kamleshwar Gour S/o Late Bisaru Ram Gour, Aged About 19 Years R/o Village Khairwahi, Post Latabod, P.S. & Tahsil Balod, District Durg, Chhattisgarh .............(Claimant)
2. Pratap Singh Sahu S/o Chintaram Sahu, Aged About 34 Years R/o Village Khairwahi, Post Latabod, P.S. & Tahsil Balod, District Durg, Chhattisgarh ...............(Owner-CumDriver)
3. Royal Sunderam Alliance Insurance Co. Ltd. Office 315, Arneja Corner, B Wing, I I I Floor, Sector 11, Wasinevy Mumbai (Maharashtra) 400709 ...............(Insurer Of Tractor) ---- Respondents For Petitioner :
Mr. Sourabh Sharma, Advocate.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/04/2016 Heard on application for condonation of delay in filing appeal.
1.
The appeal has been filed by the appellant aggrieved by the award which was passed on 29.01.2011.
2.
Learned counsel for the appellant argued to convince the Court that there is sufficient cause shown for condonation of delay in filing appeal. He submits that the delay occurred due to official communication.
3.
In the present appeal, the impugned order was passed by
the Tribunal way back on 29.01.2011. The petitioner is an Insurance Company. Though it cannot be denied that some time may have been consumed in official communication, there is no explanation offered by the appellant company to condone such a long delay of almost 5 years. It is also seen that the Insurance Company has sought exoneration on the ground that the injured was a gratuitous passenger. A perusal of the award shows that very small amount of compensation has been awarded to the injured.
4.
Taking into consideration the aforesaid aspect of the matter, particularly that the delay is very long and very small amount is involved in the matter, the application for condonation of delay is dismissed and consequently the appeal is also dismissed as barred by limitation.
Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha