Shriram General Insurance Company Ltd, v. Akula Umadevi

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO AND THE HON'BLE SRI JUSTICE K.LAKSHMAN I.A. No.1 of 2019 In/and MACMA No.3226 of 2019 JUDGMENT: (Per the Hon'ble Sri Justice M.S.Ramachandra Rao) I.A. No.1 of 2019 is filed to condone the delay of 179 days in filing MACMA No.3226 of 2019 challenging the order and decree dt.30.07.2018 in MVOP No.980 of 2011 passed by the Motor Accident Claims Tribunal-cum-V Additional District Judge, Kothagudem.

2. Admittedly, the petitioner is a private company. It has panel of advocates and legal officers. In the instant case, the impugned order was passed on 30.07.2018, copy application was made on 02.08.2018 and it was made ready on 24.12.2018. According to the affidavit filed by the petitioner, the copy of the order was forwarded to the Manager, Legal Department of the petitioner at Jaipur, Rajasthan on 16.01.2019. The petitioner contends that decision was taken by the Head of the Department on 18.05.2019, four months later, to prefer appeal and the appeal itself came to be filed in September, 2019, four more months later.

3. The impugned order passed by the court below is an order running into 15 pages. Why the Head Office of the petitioner at Jaipur took four months time to read it and form an opinion about filing of the appeal, and why a further four months after the decision was taken to file

the appeal, elapsed before filing of the appeal, is not explained by the petitioner.

4. In our considered opinion, the petitioner has been grossly negligent in taking steps to file the appeal and the delay of 179 days in filing the appeal, therefore, cannot be condoned.

5. Accordingly, I.A. No.1 of 2019 is dismissed. Consequently, MACMA No.3226 of 2019 is dismissed. No order as to costs. Miscellaneous Petitions, if any pending, shall stand dismissed. ____________________________ M.S. RAMACHANDRA RAO, J ________________ K.LAKSHMAN, J January 09, 2020.

KTL