LAWS(ORI)-2022-6-74

UNITED INDIA INSURANCE COMPANY LTD. Vs. HADA TANDI

Decided On June 20, 2022
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
Hada Tandi Respondents

JUDGEMENT

(1.) Present appeals are directed against respective judgments dtd. 28/2/2011 passed in MAC No.133/65 of 2008-10 and MAC No.136/68 of 2008-10, and dtd. 26/4/2012 passed in MAC No.82/9 of 2009-12 by learned ADJ-cum-MACT, Balangir. Since all three claim applications are concerning the same accident, these appeals are disposed of by this common judgment.

(2.) Before delving into merits of these appeals, the question of limitation arises as the first issue. MACA Nos.362 and 363 of 2017 have been filed with delay of 2143 days and MACA No.364 of 2017 has been filed with delay of 1721 days.

(3.) The Appellant in all the three appeals is the United India Insurance Company Ltd. It is submitted on behalf of the Appellant that after disposal of the respective claim application, the concerned conducting Advocate did not intimate the fact of disposal of the applications to the insurance company in time for which the company was in dark about disposal of the same till it received notice in other connected appeals in the year 2016. Thereafter upon query it came to the knowledge of the company about disposal of such claim applications and then the file was processed to the regional office to get instructions and ultimately the appeals were filed with such delay.