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High Court of Himachal Pradesh · body

2025 DAILYLAW 11760 (HP)

VIDYA DEVI v. The National Insurance Company Ltd.

CMP.M/753/2023 · 2025-05-20

Vivek Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Vidya Devi vs. National Insurance Co. CMP(M) No. 753 of 2023 with FAO No.246 of 2022 CMP(M) No. 753 of 2023 20.05.2025 Present: Mr. Saurav Upadhyay Advocate vice Mr. Anand Sharma, Advocate for the applicant. Mr. Deepak Bhasin, Sr. Advocate with Ms.Shruti Dubey Advocate for respondent No.1. Mr. Ashok Verma, Advocate for respondent No.2. FAO No. 246 of 2022 Mr. Deepak Bhasin, Sr. Advocate with Ms. Shruti Dubey, Advocate for the appellant. Mr. Saurav Upadhyay, Advocate vice Mr. Anand Sharma, Advocate for respondent No.1. Mr Ashok Verma, Advocate for respondent No.2. CMP (M) No. 753 of 2023 This application has been filed for condonation of delay of 249 days in filing the appeal. By filing reply, prayer for condonation of delay has been opposed. The main ground for opposing the condonation of delay is that day-to-day delay, as required to be explained under law, has not been explained, rather casual approach has been adopted by applicant/appellant. At this stage, it has also been contended on behalf of applicant that an appeal preferred by respondent-Insurance Company bearing FAO No. 246 of 2022 is also pending consideration and same stands admitted for final hearing. It has been further submitted that Court is having the jurisdiction to determine the just and fair compensation even after filing the appeal by Insurance Company and therefore allowing the application for condonation of delay in filing the appeal on behalf of appellant is not going to cause any adverse impact on the merits of case. In aforesaid circumstances, delay in filing the appeal is condoned. Appeal be registered. Application is allowed and disposed of. FAO No. of 2025(FAOST No.15050/2023) Admit. Record already stands requisitioned in FAO No. 246 of 2022. Parties are duly represented. Therefore, there is no need to issue the post admission notices to the parties. List for hearing along with FAO No. 246 of 2022 in due course. May20, 2025 (Vivek Singh Thakur) (ms) Judge