UNITED INDIA INSURANCE COMPANY LTD Vs. PRAVIN PAUL

JUDGEMENT

(1.) THIS petition is filed to condone the delay of 131 days in filing the civil miscellaneous appeal before this Court, against the award and decree dated 4. 12. 1991 in M. AC. T. O. P. No. 50 of 1988 on the file of the Motor accidents Claims Tribunal (I Additional District Judge), Pondicherry.

(2.) IN the affidavit filed in support of the petition by the Deputy Manager of the petitioner (INsurance company )it is averred that the application for obtaining certified copies of the judgment and decree was made on 15. 12. 1991 without any delay and the copies were made ready on 16. 3. 1992. It is further submitted that based on the endorsements made on the certified copies of the judgment and decree, the above civil miscellaneous appeal ought to have been filed within 90 days from 16. 3. 1992, that is, on or before 13. 6. 1992. A delay of 131 days has occurred in preferring the appeal. It is further submitted that the relevant papers relating to the O. P. and the certified copies of the judgment and decree were forwarded to the Regional Office at Madras for scrutiny by the legal department of the petitioner-INsurance Company, to decide on the question of advisability of filing an appeal. The Managers concerned who had to take a decision on the matter and advise the Divisional office were not readily available as they were deputed to attend certain policy matters of importance. As such, a decision could not be taken for filing an appeal within the period of limitation. It is further submitted that in a government undertaking like the petitioner, the administrative delay cannot be avoided for more reasons than one.