Chattisgarh High Court
United India Insurance Company Limited vs Damyanti Keshari on 14 July, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
M.A.(C) No. 2293 of 2019
1. United India Insurance Company Limited Through Its Divisional Manager, Divisional
Office- Ist Floor, Krishna Complex, Jail Road, Kuctchery Chowk, Raipur, District - Raipur
Chhattisgarh.
---- Appellant
Versus
1. Damyanti Keshari Wd/o Late Narad Singh Keshari Aged About 40 Years R/o Ward No.
14, Nagar Panchayat Narharpur, Tah. Narharpur, District North Bastar Kanker
Chhattisgarh.
2. Minor Purab Keshari S/o Late Narad Singh Keshari Aged About 12 Years Minor Through
Mother - Damyanti Keshari, R/o Ward No. 14, Nagar Panchayat Narharpur, Tah.
Narharpur, District North Bastar Kanker Chhattisgarh.
3. Ashok Kumar Jain S/o Devlal Jain Aged About 23 Years R/o Vill. - Pataud, P.S. And
District North Bastar Kanker Chhattisgarh.
4. Devendra Singh Thakur S/o Chhabilal Thakur Aged About 52 Years Caste - Kshatriya,
R/o Kankaleen Para, M.G. Ward Kanker, District North Bastar Kanker Chhattisgarh.
5. Lata Keshari Wd/o - Narad Keshari Aged About 47 Years R/o Vill. - Birgudi, Tah. - Nagari,
District - Dhamtari Chhattisgarh.
---- Respondents
1 (through video conference) 14.07.2021 Shri Dashrath Gupta, counsel for the Appellant.
Shri Amit Kumar Sahu, counsel for Respondent No.1. None for Respondents No.2 to 5, though served.
Heard on I.A. No.01/2019, an application for condonation of delay of 50 days in filing this appeal.
Learned counsel for the Appellant submits that after obtaining the certified copy of the award impugned, the lower Court's counsel has sent the same for its opinion to the Divisional Office, Raipur, who, in turn, has sent the same to the Regional Office, 2 Raipur for administrative guidance in this regard. It is submitted further that since the amount of compensation as awarded by the Tribunal was beyond the financial capacity of the Regional Office, therefore, it was sent to the Head Office, Chennai, who, in turn, after going through the record has accorded its permission for filing the appeal against the said award. It is contended further that since the concerned file was travelled from Divisional Office to Regional Office and to the Head Office, therefore, the alleged delay in filing this appeal has occurred, however, there was no mala fide intention behind it, and therefore, it may be condoned, while applying the liberal approach in this appeal.
No reply has been filed with regard to the aforesaid application, however, Shri Sahu, learned counsel appearing for Respondent No.1, while opposing the same, submits that since the delay has not been explained properly, therefore, it deserves to be rejected.
On due consideration of the aforesaid contention of the parties and considering further the reasons assigned in the said application, which is duly supported by an affidavit, I am inclined to allow the same and the delay is accordingly condoned.
I.A. No.01/2019, thus, stands disposed of.
Also heard on admission.
Admit.
Issue notice to Respondents No.2 to 5 only on merits on payment of P.F., as per rules.
Also heard on I.A. No.02/2019, an application for grant of stay. Issue notice on this application also to the said Respondents, as above. Meanwhile, purely as an interim measure, it is directed that the effect and operation of the impugned award dated 16.07.2019 passed by Additional Motor Accident Claims Tribunal (FTC), North Bastar, Kanker (C.G.) in Claim Case No.13/2017 shall remain stayed till the next date of hearing, subject to Appellant's depositing 75% of the 3 award under appeal before the concerned executing Court within a period of two months from today.
The Respondents No. 1 & 2/Claimants and Respondent No. 5- Lata Keshari are entitled to withdraw the same as per the direction mentioned in the award impugned.
It is made clear that if any of the condition is violated, then this order shall lose its efficacy and the award impugned shall become executable forthwith.
Post this matter after five weeks for consideration on I.A. No.02/2019.
Sd/-
(Sanjay S. Agrawal) Judge Nikita