NEW INDIA ASSURANCE CO LTD Vs. RASANA SAHOO

JUDGEMENT

(1.) This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by the insurer.

(2.) THIS appeal has been filed beyond period of limitation with delay of 52 days. When notice in limitation matter was sent to petitioner -claimants, they appeared and filed two applications for directing insurer to deposit entire awarded amount with interest up -to -date and to release a portion of the amount to meet the marriage expenses of one of the daughters, namely, Jayanti Sahu, aged 18 years, who is one of the claimants. Accordingly, in view of urgency, I heard not only the limitation matter and the two petitions but also the appeal on merits on which the directions may depend.

(3.) ON the facts disclosed it is not possible to draw an inference that there was sufficient cause for delay. If there would be merit in the appeal I might give opportunity to the appellant to make full disclosure indicating circumstances under which the file was misplaced and traced out. Therefore, let me examine the merits of the appeal.