Sisa Subarna v. T.P.Krishna Raju

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.998 of 2019 Sisa Subarna and Others ....

Appellants Mr. Ramesh Ch. Pradhan, Advocate -versusT.P. Krishna Raju and Another ....

Respondents Mrs. P. Mishra, counsel for Respondent No.2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

10.11.2022 Order No.

I.A. No.1771 of 2019 & MACA No.998 of 2019 05.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. R.C. Pradhan, learned counsel for the Appellants and Mrs. P. Mishra, learned counsel for insurer - Respondent No.2. 3.

Present appeal has been filed with delay of 2050 days. Though in the limitation petition it is mentioned that Appellant No.1 was suffering from rheumatism and she was in bed rest, but no such medical document has been appended to the limitation petition. The claim application has been dismissed for lack of adequate proof of identity of the claimants.

4.

Mrs. Mishra raises her objection for condoning the delay by stating that, the claimants are not the dependents of the deceased and secondly, the limitation petition does not disclose any sufficient reason to condone the delay.

5.

Upon hearing both parties and going through the limitation petition, I do not find any sufficient reason to condone the delay. As such this court is not inclined to condone the delay and the limitation petition is dismissed. Consequently the appeal is dismissed on the ground of limitation.

( B.P. Routray) Judge M.K.Panda