CONCORD OF INDIA INSURANCE CO. L1D. versus NIRMALA DEVI AND ORS.

CONCORD OF INDIA INSURANCE CO. L1D. versus NIRMALA DEVI AND ORS.

Reliance by companies on legal advisers for legal affairs is reasonable, and legal advice honestly sought may be sufficient cause for condonation, but such circumstances do not automatically entitle the petitioner to relief under Article 136 unless there is manifest injustice or gross misappreciation; no such case was made out and the SLP was dismissed.

Parties
Petitioner: Concord of India Insurance Co. Ltd.; Respondents: Nirmala Devi and Ors.
Jurisdiction
India
Judgment Date
16 April 1979
Procedural Posture
Special Leave Petition (civil) / Supreme Court SLP Against Punjab and Haryana High Court Order
Outcome
Special Leave Petitions dismissed.
Legal Topics
Motor Accidents, No Fault Liability, Compensation Quantum, Limitation, Condonation of Delay
Tort Law Insurance Law Civil Procedure Motor Accidents No Fault Liability Compensation Quantum Limitation Condonation of Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Concord of India Insurance Co. Ltd.

Petitioner

Nirmala Devi and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court SLP Against Punjab and Haryana High Court Order

Legal Issues

  1. 1 Whether delay caused by counsel's mistake in calculating limitation period is sufficient ground for condonation under Section 5 of the Limitation Act
  2. 2 Whether reliance by companies on legal advisers is reasonable for computation of limitation
  3. 3 Development of no-fault liability in motor accident compensation jurisprudence

Ratio Decidendi

Reliance by companies on legal advisers for legal affairs is reasonable, and legal advice honestly sought may be sufficient cause for condonation, but such circumstances do not automatically entitle the petitioner to relief under Article 136 unless there is manifest injustice or gross misappreciation; no such case was made out and the SLP was dismissed.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Petitioner not entitled to relief; no manifest injustice or gross misappreciation found.