MICHAEL GUPTA Vs. RASHMI NAIK

JUDGEMENT

(1.) Heard Mr. Kapil Kerkar for the applicant/appellant.

(2.) This application seeks condonation of delay of 375 days in instituting an appeal against the Judgment and Award dtd. 19/3/2021 made by the Motor Accident Claims Tribunal, North Goa (Tribunal) in Claim Petition No. 90/2015. Mr. Kerkar points out that considering the order of the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No. 3/2020, excluding the period of limitation during the Covid' 19 Pandemic, the delay is of about 29 days.

(3.) Normally, there should have been no difficulty condoning the delay and admitting the appeal. However, since the appellant had already prepared the paper book in this matter along with the evidence on which the appellant seeks to rely, the appellant was heard on the main appeal itself. The circumstances in this matter are quite tragic.