NEW INDIA ASSURANCE CO. LTD Vs. DAMMU ATCHAYYAMMA

JUDGEMENT

(1.) Heard both sides. This application is filed to condone the delay of 1664 days in preferring the appeal against the judgment and decree dated 24.11.2003 in OP No. 1594 of 2000 on the file of Motor Accidents Claims Tribunal-cum-Ist Additional District Judge, Visakhapatnam.

(2.) In the affidavit filed in support of this application, it is contended that the judgment of the Tribunal was pronounced on 24.11.2003; the application for certified copies of the said judgment was filed on 22.8.2008; stamps were collected on 22.8.2008 and were deposited on the same date; the judgment was made ready on 29.8.2008 and thereafter, the appeal was preferred on 7.9.2008. It is also stated that this case is connected with CMA (SR) 39065 of 2004 and CMA (SR) No. 39066 of 2004 and both the C.M.As are still pending on the file of this Court; that by over sight, the Counsel did not apply for copy in the OP No. 1594 of 2000; that in a similar situation in Wadhya Mal v. Prem Chand Jain and another, 1982 AIR(SC) 18, the Supreme Court has condoned the delay in preferring the appeal, when connected appeals were pending.

(3.) In the counter-affidavit filed by the respondents 1 and 2, it is stated that the order in OP No. 1594 of 2000 was passed on 24.11.2003 by the Tribunal; five years thereafter, the present appeal was filed, that too after the execution petition was filed before the Tribunal by the respondents 1 and 2; that if the delay is condoned, the respondents 1 and 2 would suffer irreparable loss and injury.