UNITED INDIA INSURANCE CO. LTD. Vs. MUNNI DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-Insurance Company under Article 227 of the Constitution of India, challenging the orders dtd. 8/10/2025 and 19/11/2025 passed by the Motor Accident Claims Tribunal (MACT), Khatima, District Udham Singh Nagar, in Misc. Case No.20 of 2024, Munni Devi vs. Suraj Pal & others. By the said orders, the delay in filing the restoration application was condoned on payment of costs of Rs.500.00, the matter was listed for disposal of the restoration application, and vide judgment and order dtd. 19/11/2025, after detailed discussion, the restoration application was allowed and MACT Case No.92 of 2022, Munni Devi vs. Suraj Pal & others, was restored to its original number.

(2.) Learned counsel for the petitioner-Insurance Company contended that MACT Case No.92 of 2022 was dismissed for default on 8/9/2022. The restoration application was filed on 14/11/2024, after a considerable delay of more than two years, along with an application for condonation of delay. Vide order dtd. 8/10/2025, the delay was condoned and, subsequently, the MACT Case No. 92 of 2022 was restored to its original number.

(3.) It is vehemently argued by learned counsel for the petitioner-Insurance Company that no sufficient cause was assigned by the petitioner/applicant for condonation of the delay of two years, which was not properly explained. It is further contended that the learned MACT, in a cursory manner, decided the said application, condoned the delay, and subsequently restored MACT Case No. 92 of 2022 to its original number.