Bhupendra Singh v. Mahaful Murmu & ORS (Chola Mandalam Insurance Co)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 393/2017 & CM Nos.15589-92/2017 BHUPENDRA SINGH ..... Appellant Through:

Mr. Ankit Kalra, Advocate.

Versus

MAHAFUL MURMU & ORS (CHOLA MANDALAM INSURANCE CO) ..... Respondent Through:

Mrs. Suman Bagga, Advocate for Respondent No.5.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 25.04.2017 CM Nos.15589 & 15591 of 2017 These applications seek condonation of delay of 297 days in filing and 7 days in re-filing of the appeal.

The Award impugned in the appeal was passed on 10.03.2016; the appellant's vehicle was impounded after an accident that resulted in the death of a person. The appellant had engaged a counsel to accept the vehicle on Superdari. Surely the appellant knew of the legal consequences resulting in the death of a person. Bare diligence would have required the insured to keep abreast of the development in the case. However, the condonation application does not even make a whisper in this regard or as to what he did to monitor the case from the date of the accident or from the date of receipt of the vehicle on Superdari.

There is no ground for condonation of any period of the delay.

The applications are without substance and are accordingly dismissed.

MAC.APP. 393/2017 & CM Nos.15590 & 15592 of 2017 In the circumstances, the appeal alongwith pending applications too are dismissed.

The learned counsel for the appellant states that the statutory amount of Rs.25,000/- be released. It is so ordered. NAJMI WAZIRI, J.

APRIL 25, 2017 sb