High CourtsSingle Bench(2022) 11 OHC CK 0078

Sisa Subarna And Others vs T.P. Krishna Raju And Another

Orissa High Court · Decided on 10 November 2022

HON’BLE JUDGES
B. P. Routray, J
RESULT
Dismissed
CASE NUMBER
MACA No.998 Of 2019

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Judgment

8 paragraphs · 190 words

B. P. Routray, J

I.A. No.1771 of 2019 & MACA No.998 of 2019

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. R.C. Pradhan, learned counsel for the Appellants and Mrs. P. Mishra, learned counsel for insurer – Respondent No.2.

3.

Present appeal has been filed with delay of 2050 days. Though in the limitation petition it is mentioned that Appellant No.1 was suffering from rheumatism and she was in bed rest, but no such medical document has been appended to the limitation petition. The claim application has been dismissed for lack of adequate proof of identity of the claimants.

4.

Mrs. Mishra raises her objection for condoning the delay by stating that, the claimants are not the dependents of the deceased and secondly, the limitation petition does not disclose any sufficient reason to condone the delay.

5.

Upon hearing both parties and going through the limitation petition, I do not find any sufficient reason to condone the delay. As such this court is not inclined to condone the delay and the limitation petition is dismissed. Consequently the appeal is dismissed on the ground of limitation.

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