SAMSUNNELA SEIKH Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This is an application for condonation of delay filed under Sec. 173(1) of the Motor Vehicles Act, 1988 seeking for condonation of delay of 3355 days (more than nine and half years) in preferring the first miscellaneous appeal against the judgment and order dtd. 15/9/2011 passed by the Learned Judge, Motor Accident Claims Tribunal, 5th Court, Burdwan in M.A.C.C. No. 58/308 of 2010/2010, whereby the learned Tribunal awarded a sum of Rs.3,55,500.00 along with simple interest @ 7 % per annum from the date of filing of the case i.e. 6/10/2010 till the date of its final payment under Sec. 166 of the Motor Vehicles Act, 1988.

(2.) Learned advocate appearing on behalf of the appellant submitted that the appeal could not be filed within the statutory period of limitation as the appellant was prevented by sufficient cause. He also referred the paragraphs 5, 6, 7, 8, 9, 10 and11 of the application indicating the reasons for condonation of delay and finally prayed for condonation of delay taking an account of beneficial piece of legislation since the Act is enacted for the purpose of benefit of claimant, who suffers injury and death of his/her family members due to Motor Traffic Accident.

(3.) Before deciding the application, this Court would like to refer the Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act"). Sec. .173. Appeals.- (1) Subject to the provisions of sub-sec. (2) any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2.) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than [one lakh] rupees.