Shimla, July 23: Himachal Pradesh High Court has condoned a massive delay of 8 years, 8 months, and 14 days in an appeal filed by Rama Devi and her children, seeking enhanced compensation for the death of her husband in a road accident.
Justice Vivek Singh Thakur, while allowing the plea, observed that the delay was caused due to alleged fraud and misappropriation by the claimants’ former counsel, Advocate Harish Sharma, who, as per the appellants, took their signatures on blank papers under the pretext of filing an appeal and releasing compensation.
Despite assurance from the lawyer, no appeal was filed. The widow came to know only in 2023, upon checking her bank account, that ₹4.16 lakh had been transferred in her name and fully withdrawn using an ATM card issued in her name—allegedly without her knowledge.
Rama Devi filed complaints with both the Bar Council of Himachal Pradesh and the Superintendent of Police, Shimla, in late 2023, alleging serious misconduct and fraud.
However, she claimed that no concrete action was taken, prompting her to approach the High Court.
Taking a serious view of the allegations, Justice Thakur directed the Chairman of the Bar Council and the SP Shimla to personally look into the complaints and report back to the court before the next hearing on September 10, 2025.
Citing multiple Supreme Court judgments, the Court ruled that “substantial justice” must not be defeated by technicalities, especially when delay is caused due to misrepresentation and fraud.
The appeal has now been admitted and will be heard on merits. Notice has been issued to the respondents, including the insurance company and vehicle owner. Records are being requisitioned.
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