ORIENTAL INSURANCE CO. LTD Vs. TANUSHREE GHOSH

JUDGEMENT

(1.) Learned advocate appearing on behalf of the appellant in COT No. 22 of 2021 moved an application for condonation of delay in preferring cross-objection. He referred paragraph Nos. 3 and 4 of the said application to show sufficient causes including lockdown due to Covid 19 pandemic prevented in filing the appeal within the prescribed period of limitation under Sec. 173 of the Motor Vehicles Act, 1988. He further submitted that there were no intentional latches or negligence on the part of the appellant rather it would have delayed due to sufficient reasons and unavoidable circumstances, which prevented the respondent to file the instant cross appeal/ objection within the period of limitation. He prayed for condonation of delay.

(2.) On the other hand, Ld. Advocate appearing on behalf of the Insurance Company/appellant in FMA No. 899 of 2013 opposed the prayer for condonation of delay.

(3.) Heard and on perusal of the application, it appears that the appellant could not file the instant cross objection within the period of limitation as provided in the said Act and the cause shown in the application is justified, sufficient and satisfactory as such accepted. Furthermore, the Motor Vehicles Act, 1988 is a beneficial piece of legislation. So, the Court can take lenient view in case of delay. Delay is hereby condoned.