KAJAL PAUL Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This is an application for condonation of delay filed under Sec. Sec. 173(1) of the Motor Vehicles Act, 1988 seeking condonation of delay in filing the instant appeal.

(2.) Mr. Mandal, learned counsel appearing on behalf of the appellants/petitioners moved the said application for condonation of delay of 1738 days in preferring the instant appeal. Learned Advocate further submitted that the delay was neither due to latches nor negligence on the part of the appellants. He referred paragraph Nos. 4, 5 and 6 to show the reasons, which prevented the petitioners in filing appeal within the period of limitation as prescribed under Sec. 173(1) of the Motor Vehicles Act, 1988. He prayed for condonation of delay and further prayed the appeal may be heard on merit for substantial justice as the Act has been enacted for the benefit of the society.

(3.) On the other hand, affidavit-in-opposition filed by Ms. Sucharita Paul, learned counsel appearing on behalf of the respondent no. 1/Insurance Company is taken on record. The learned counsel appearing on behalf of the appellants/petitioners did not prefer to file affidavit-in-reply. Accordingly, the record is taken up for hearing.