THE ORIENTAL INSURANCE COMPANY LIMITED v. SUNITA DEVI AND OTHERS
CMP.M/1597/2025 · 2026-03-19
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1156 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1156 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
The Oriental Insurance Company Ltd. Vs Sunita Devi and others CMP(M) No. 1597 of 2025 19.03.2026 Present: Mr. Narender Sharma, Advocate, for the applicantappellant. None for respondents No. 1, 2 and 4. Ms. Drishti Sirswal, Advocate, vice Mr. Balwant Kukreja, Advocate, for respondent No. 3. Ms. Bhavinta Kumari, Advocate, for respondent No. 5. Mr. Raj Negi, Advocate, for respondent No. 6. The Insurance Company has assailed the award dated 07.02.2025, passed by learned MACT Paonta Sahib, District Sirmour, H.P. Since the accompanying appeal has been preferred after expiry of the period of limitation, as such, application for condonation of delay has been filed.
2. According to the applicant, there is delay of about 31 days in filing the appeal, but, as the report of Registry, there is delay of 83 days in filing the appeal.
3. The delay has mainly been sought to be condoned on the ground that after the passing of the award, the matter was under process in the applicant company at various stages. Thereafter, the appeal has been filed.
4. At this stage, it has been pointed out by learned counsel appearing for the applicant that the
said award has already been assailed by way of FAO No. 68 of 2025, before this Court.
5. Considering the said submission along with the stand, as taken in the application, this Court is of the view that the matter should be decided on merits and not on the ground of technicalities, as there is nothing in the file, which would demonstrate about the motive/object, which the applicant would achieve in not preferring the appeal, within the prescribed period of limitation, had he not been prevented to do so, for the reasons, as mentioned, in the application.
6. Consequently, the present application is allowed and the delay of 83 days in filing the accompanying appeal is ordered to be condoned. Application stands disposed of. FAO No. _______ of 2026
7. Vide order of the even date, passed in CMP(M) No. 1597 of 2025, the delay in filing the appeal has been ordered to be condoned. Be registered.
8. List along with FAO No. 68 of 2025. ( Virender Singh )
Judge 19th March, 2026 (Pramod Kumar)