NEW INDIA ASSURANCE CO LTD Vs. SYED JAHEERA

JUDGEMENT

(1.) Heard Mr. Kota Subba Rao, the counsel representing the petitioner New India Assurance Co. Ltd. and Mr. D.V. Reddy, the learned counsel representing the respondent No. 5 owner of the vehicle.

(2.) This civil miscellaneous application is filed for condonation of delay of 163 days in filing the appeal in O.P. No. 843 of 1998, dated 31.12.2001 on the file of the Motor Accidents Claims Tribunal- cum-III Additional District Judge, Guntur. The reasons had been explained in paras 2 to 5 of the affidavit filed in support of the application. It was stated that in the above case the judgment was pronounced on 31.12.2001; the copy application was filed on 3.1.2002; stamps were called for on 14.2.2002 and deposited on 14.2.2002; copy was made on 15.2.2002 and delivered on 18.2.2002; and the appeal had to be preferred on or before 13.5.2002. It was also stated that they have asked to ascertain the financial status of the owner of the vehicle also by the learned counsel and they had requested the local office, Guntur and they had appointed one Shaik Ahmed Sharief as investigator in that regard that he had also submitted his report only on 26.9.2002 which was received by them on 9.10.2002. In this process, there was a delay of 163 days in filing the appeal and in view of the fact that this delay was caused for the reasons beyond their control as explained above. Hence, the delay of 163 days may be condoned,

(3.) Mr. Kota Subba Rao, the learned counsel for petitioner had submitted that this is an appeal preferred by New India Assurance Co. Ltd. and the procedural formalities had to be complied with and the administrative delay in preferring appeals after obtaining necessary opinion and also after following the process, is but common and natural and in the light of the facts and circumstances explained in detail, the delay of 163 days may be condoned.