THE NEW INDIA ASSURANCE COMPANY LTD. v. LATE MIHI LAL AND OTHERS
FAFO/635/2006 · 2025-05-14
Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33451 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80744 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 635 of 2006 Appellant :- The New India Assurance Company Ltd. Respondent :- Late Mihi Lal And Others Counsel for Appellant :- Kuldip Shanker Amist Counsel for Respondent :- Dr. Santosh Kumar Tiwari,Shree Prakash Singh Hon'ble Vipin Chandra Dixit,J. In Re: Delay Condonation Applicatiion In Re: Cross Objection No. 6
of 2024
Cross objection has been filed on behalf of claimants-respondents for enhancement of compensation alongwith delay condonation application. As per report of Stamp Reporter, there is delay of 6032 days in filing cross objection. The claimants-respondents have not properly explained the delay of about 20 years in filing the cross objection. No ground is made out for condonation of delay in filing cross objection. The delay condonation application is rejected. Cross objection is also dismissed as barred by time.
Order on Memo of Appeal Heard Sri K.S. Amist, learned counsel for the appellant and Sri Shree Prakash Singh, learned counsel for claimants-respondents. It is pointed out by learned counsel for claimants that one FAFO bearing No. 1482 of 2004(New India Insurance Company Limited vs. Bela Devi and others) arising out of same accident was dismissed as not pressed in National Lok Adalat on 13.7.2019 by the appellant-Insurance Company.
Learned counsel for the appellant has not disputed the aforesaid fact. Since one appeal arising out of same accident was withdrawn by the Insurance Company, Present appeal on the same ground is not maintainable. The FAFO is dismissed accordingly. Interim order, if any, stands discharged. Office is directed to send back the record of the Claims Tribunal to the concerned Claims Tribunal immediately.
Order Date :- 15.5.2025/P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad