MS. UPASNA GUNDH & ORS. vs ORIENTAL INSURANCE CO .LTD. AND ORS.

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th January, 2025 + MAC.APP. 54/2025 MS. UPASNA GUNDH & ORS. .....Appellants Through: Ms. Geeta Verma and Mr. Riyaan Bhola, Advs. versus ORIENTAL INSURANCE CO .LTD. AND ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CM APPL. 3355/2025 (exemption from filing certified copies of annexures, attestation of affidavit and court fees) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. MAC.APP. 54/2025 & CM APPL. 3354/2025 3. CM APPL. 3354/2025 is filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 3432 days in filing the above-captioned appeal challenging the judgement dated 27.04.2015 (hereafter ‘the impugned judgement’) passed by the learned Motor Accident Claims Tribunal, Rohini Courts, Delhi in MACT Case No. 272/13/10 for enhancement of the compensation awarded therein. 4. The applicants/ appellants have explained the delay in filing the appeal in the following manner: Signature Not Verified Signed By:HARMINDER MAC.APP. 54/2025 Page 1 of 7 KAUR Signing Date:29.01.2025 13:25:17 4.1. It is stated that the impugned judgement was passed on 27.04.2015, wherein the Insurance Company/ Respondent No. 1 was directed to pay a compensation of Rs.53,31,000/- along with interest at the rate of 9% p.a. from the date of filing the claim petition. 4.2. Thereafter, Respondent No. 1 filed an appeal being MAC APP No. 526/2015 challenging the impugned judgement dated 27.04.2015 before this Court, wherein by order dated 24.08.2015, this Court issued notices and directed the release of 50% of the compensation payable to the appellants, while the remaining 50% was directed to be kept in an interest bearing fixe