Divisional Manager,National Insurance Co.Ltd. v. Pramod@Babaji Rout

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.692 of 2017 The Divisional Manager, National Insurance Company Limited ....

Appellant Mr. P.K. Mahali, Advocate -versusPramod@Babaji Rout and another ....

Respondents Mr. P.K. Mishra, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

12.12.2022 Order No.

M.C. No.1071 of 2017 and MACA No.692 of 2017 03.

1. Heard Mr. P.K. Mahali, learned counsel for the AppellantInsurance Company as well as Mr. P.K. Mishra, leaned counsel for the Respondent No.1-claimant.

2. There is delay of 467 days in filing the appeal.

3. As per the explanation offered in the limitation petition, the delay was due to official procedure for the file was sent from the local office to Divisional Office and back.

4. Such explanation appears to be formal in nature which this Court does not found satisfactory. Accordingly, the reasons stated in the limitation petition being not found satisfactory, this Court is not inclined to condone the delay. Moreover, the award amount is only Rs.28,500/-.

5. Resultantly, the I.A. is dismissed. Consequently the appeal is dismissed on the ground of limitation.

6. The statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company on proper application.

( B.P. Routray) Judge B.K. Barik