9911796707
TMI Blog2021 (9) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... upto 13.09.2017 and accident took place on 29.08.2017. The claim was filed on 20.12.2017, i.e., after a period of about more than three months. Policy itself provides condonation of delay upto two months even after the Policy came to an end. Therefore, in strict sense, the delay is just more than one month. There is no clause in the Policy which specifically bar the consideration of claim by Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-2021 - Saurabh Shyam Shamshery, J. For the Petitioner : Nishant Mehrotra, Counsel. For the Respondent : C.S.C., Satya Deo Ojha, Counsel. ORDER HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. This writ petition is filed by petitioner-The Oriental Insurance Company Limited (hereinafter referred to as Insurance Company ) challenging the impugned order dated 04.01.2020 pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more than one month in filing claim after expiry of Insurance, the Collector has power to condone the delay of further one month, therefore, the claim was time barred. 3. Sri S.D. Ojha, learned counsel appearing for Respondent-1, has opposed the above contention of learned counsel for petitioner. He relied on the finding of Permanent Lok Adalat that claim was filed merely with a delay of 15 day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... months even after the Policy came to an end. Therefore, in strict sense, the delay is just more than one month. There is no clause in the Policy which specifically bar the consideration of claim by Court concerned even beyond the period of two months. The decision passed in Gautam Yadav (supra) is stayed by the Apex Court in Special Leave Petition (Civil) No. 7647 of 2021 by order dated 12.08.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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