Order in MA/22/13 IN CC/22/172   

         Per M.P.Kasar Member                       

1. Complainant states that, complainants husband accidently died on 17/02/2015 so complainant filed claim form with required documents to the Talathis within time but according to the complainant opposite party not sanctioned complainants claim and kept pending also neglected by the opposite party. Complainant is women and illiterate women and do not posses legal knowledge hence delay caused to file present complaint so in the interest of justice delay of 5yrs 2 months may be condoned
2. Opposite party filed say through their learned advocate over MA application stating no objection and appropriate order may be passed vide dated 12/10/22.
3. Heard Advocate of the parties, perused application and reply. To decide application on merit we frame issues as follows :-

Issues

As to Issue No.1 & 2:- No dispute regarding death of complainants husband also no dispute in regard deceased was farmer and complainant is hair of deceased and is also farmer. No dispute in regard complainant is illiterate women and also no dispute in regard complainant have no knowledge of legal proceeding. Also no dispute in regard complainant is covered by Farmers Accidental Insurance Policy . Perused judgement passed by Hon’ble State Commission inFirst Appeal No.FA 15/623 vide dated 03/04/18  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs .Considering issues related to insurance claim not get to complainant and issues raised by the opposite party can be decide on merit  so delay caused to file present complaint we are of the opinion that, is condonable in view  of circumstances of complainant & principle of natural justice we pass order as

                   ORDER

Misc.Application No.22/13 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 5 years 4 month27 days is hereby condoned in the interest of justice and no order as to cost.