Allahabad High Court
SMT. RANI AND ANOTHERversusMS IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED AND 6 OTHERS
- Decided
- Bench
- ABDUL SHAHID
Holding
The court held that the delay of 4,909 days could not be condoned and dismissed the appeal.
Summary
The appellant, Smt. Rani, filed a claim petition (No. 182 of 2011) which was decided on 08‑08‑2012 and she received the full award. Subsequently, she filed a First Appeal from Order Defective after a delay of 4,909 days, claiming she was unaware of the filing requirements because she had been displaced from her matrimonial home. The appellant relied on the Supreme Court decision in Lakkamma (2021) where a delay of 704 days was condoned. The High Court examined the magnitude of the delay, found no reasonable explanation, and noted that the Supreme Court had emphasized that huge delays cannot be condoned. Consequently, the court dismissed the condonation application and the appeal.
Issues considered
- Whether a delay of 4,909 days in filing an appeal can be condoned under procedural law.
Subjects
- delay condonation
- appeal
- procedural law
- Supreme Court precedent
- insurance claim
- matrimonial home
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER DEFECTIVE No. - 577 of 2026
Smt. Rani And Another
.....Appellant(s)
Versus
Ms Iffco Tokio General Insurance Company Limited
And 6 Others .....Respondent(s)
Counsel for Appellant(s) : Ram Shiromani Yadav
Counsel for Respondent(s) :
Court No. - 39
HON'BLE ABDUL SHAHID, J.
(Order on Delay Condonation Application)
1. Heard learned counsel for the appellants/claimants.
2. The appellant has filed claim petition no. 182 of 2011 which was decided
on 08.08.2012. The entire claim amount has been received by her. Thereafter
the present FAFO has been filed with the delay of 4909 days by the same
claimants who has filed the Original Claim Petition and she had received the
entire amount after the passing of the award dated 08.08.2012.
3. Learned counsel for the appellants submits that the claimant no. 1/Smt.
Rani has been left from her matrimonial home to her parental home, hence,
she does not having any knowledge. He has filed the law laid down by the
Hon'ble Supreme Court in Lakkamma and others Versus Regional
Manager, M/s. United India Insurance Co. Ltd. and another), AIR 2021
SC 3301, where the appeal was filed with the delay of 704 days and the
delay has been condoned by the Hon'ble Supreme Court.
4. The claim petition was filed by the claimant/appellants herself and she
received the entire amount and thereafter she could not take this plea that she
was not having any knowledge for filing any appeal for enhancement.
5. The Hon'ble Supreme Court in Lakkamma (supra) where the delay was
of 704 days held that where there is huge delay that could not be condoned.
In the present case, there is a huge delay of 4909 days which is not
explainable by any reasonable reasons.
FAFOD No. 577 of 2026
2
6. The delay condonation application is liable to be dismissed and it is
dismissed. Consequently, the present appeal is not entitled to be admitted
and it is also dismissed accordingly.
April 23, 2026
K.K. Maurya
(Abdul Shahid,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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