Jharkhand High Court
Shamina Khatoon & Ors vs The New India Assurance Co. Ltd. Through on 3 January, 2019
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.350 of 2015
Shamina Khatoon & Ors. ...... Appellants
Versus
The New India Assurance Co. Ltd. through
Branch Manager, Hazaribagh & Ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants :Mr.P.C.Sinha, Advocate For the Respondent No.1 :Mr. Manish Kumar, Advocate
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05/Dated: 03/01/2019 It appears that the name of Mr. Bhawesh Kumar has wrongly been printed in the cause list.
Office to verify and correct the same. I.A. No.5983 of 2015 The instant interlocutory application has been filed for condoning the delay of 65 days in preferring the present appeal.
Earlier notices were issued.
In spite of filing of vakalatnama, nobody appears on behalf of the respondent Nos.2 and 3.
The present appeal has been filed by the claimants, who are widow, minor children and aged parents of the deceased.
The reason for delay has been assigned that due to economic condition delay has occurred.
Learned counsel for the appellants has submitted that the sufficient cause should also take colour from Article 41 of the Constitution of India.
Article 41 of the Constitution of India is quoted hereunder:
"41. Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want."
Thus, duty has been cast upon the State to take special care for women, children and old aged person i.e. disability itself and State has to take proper and personal care to make them equal to other citizen.
Learned counsel for the insurance company does not oppose the prayer for condonation of delay, so far as, limitation is concerned.
In view of the above submission and the fact that claimants are widow, minor children and old aged parents, I.A. No.5983 of 2015 is allowed and disposed of. Delay of 65 days in preferring the present appeal is hereby condoned.
M.A. No.350 of 2015Admit.
Issue notice upon non appearing respondents, under ordinary process for which requisites etc. must be filed within three weeks.
Call for lower court records.
(Rajesh Kumar, J.) Shahid/