Per M.P.Kasar Member                       

1. Complainant states that, complainants husband accidently died on 28/02/2014 so complainant filed claim form with required documents to the Talathi is within time but according to the complainant opposite party not sanctioned complainants claim and kept pending.  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 05 years 07 months 14 days may be condoned.
2. Opposite party filed say stating in that, complainant failed to substantiate reason for her failure to approach this commission and complainant failed to file dispute regarding repudiation before the District Control Committee so this commission has no jurisdiction.  It is stated that claim was repudiated on 23/07/2014   and case is filed in Nov.2021 so delay is also of more than 05 years.  Thus according to the opposite party delay has not been explained  each and every day by the complainant so present application be dismissed with cost.
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 meritso delay caused to file present complaint we are of the opinion that, is condonable in viewof circumstances of complainant & principle of natural justice we pass order as:

       ORDER

Misc.Application No.21/36 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act, 2019 and delay of 05 years 07 month 14 days is hereby condoned in the interest of justice and no order as to cost.