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2026 DAILYLAW 1088 (ALL)

SMT. RANI AND ANOTHER v. MS IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND 6 OTHERS

FAFOD/577/2026 · 2026-04-22

Abdul Shahid

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER DEFECTIVE No. - 577 of 2026 Court No. - 39 HON'BLE ABDUL SHAHID, J. (Order on Delay Condonation Application) 1. Heard learned counsel for the appellants/claimants. 2. The appellant has filed claim petition no. 182 of 2011 which was decided on 08.08.2012. The entire claim amount has been received by her. Thereafter the present FAFO has been filed with the delay of 4909 days by the same claimants who has filed the Original Claim Petition and she had received the entire amount after the passing of the award dated 08.08.2012. 3. Learned counsel for the appellants submits that the claimant no. 1/Smt. Rani has been left from her matrimonial home to her parental home, hence, she does not having any knowledge. He has filed the law laid down by the Hon'ble Supreme Court in Lakkamma and others Versus Regional Manager, M/s. United India Insurance Co. Ltd. and another), AIR 2021 SC 3301, where the appeal was filed with the delay of 704 days and the delay has been condoned by the Hon'ble Supreme Court. 4. The claim petition was filed by the claimant/appellants herself and she received the entire amount and thereafter she could not take this plea that she was not having any knowledge for filing any appeal for enhancement. 5. The Hon'ble Supreme Court in Lakkamma (supra) where the delay was of 704 days held that where there is huge delay that could not be condoned. In the present case, there is a huge delay of 4909 days which is not explainable by any reasonable reasons. Versus Counsel for Appellant(s) : Ram Shiromani Yadav Counsel for Respondent(s) : Smt. Rani And Another .....Appellant(s) Ms Iffco Tokio General Insurance Company Limited And 6 Others .....Respondent(s) 6. The delay condonation application is liable to be dismissed and it is dismissed. Consequently, the present appeal is not entitled to be admitted and it is also dismissed accordingly. April 23, 2026 K.K. Maurya FAFOD No. 577 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad