SK. MOSTAFA 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 3437 days (more than nine years) in preferring the first miscellaneous appeal against the judgment and order dated 12th day of May, 2011 passed by the Learned Judge, Motor Accident Claims Tribunal, 5th Court, Burdwan in M.A.C.C. No. 55/294 of 2010/2010, whereby the learned Tribunal awarded a sum of Rs.3,16,500.00 along with simple interest @ 7 % per annum from the date of filing of the case i.e. 1/10/2010 till the date of its final payment under Sec. 163A 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 causes 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").