Authority: High Court of Orissa at Cuttack
Order Date: 08 July 2026
Case Overview
- Appellant: DM National Insurance Co. Ltd., Cuttack (insurance company); Respondents: Sasmita Panda & Others.
- The application (I.A. No. 39 of 2025) sought condonation of a 320‑day delay in preferring an appeal under Section 173 of the Motor Vehicles Act, 1988, filed after the impugned judgment dated 09‑11‑2023 concerning a 2022 claim.
- Counsel for the appellant (Mr. P.K. Mahali) argued for leniency citing precedent (Inder Singh v. State of Madhya Pradesh, 2025 INSC 382); the court examined earlier Supreme Court decisions on condonation of delay, emphasizing that government bodies must show reasonable cause and cannot rely on procedural red tape.
- The insurer was asked to pay Rs 1,00,000 as cost for condonation; it refused to pay any cost. The court noted that in the cited precedent costs were imposed on respondents, but here the insurer declined.
Final Outcome
- The court held the delay attributable to the insurer’s negligence, found no acceptable explanation, and therefore refused to condone the delay.
- The petition under Section 5 of the Limitation Act was dismissed; consequently, the appellant’s appeal was dismissed.
- Any statutory deposit, if made, is to be refunded to the insurer with accrued interest.
Topics: Court Decision, Insurance Litigation, Limitation Act