NATIONAL INSURANCE COMPANY LIMITED Vs. NINGOMBAM ONGBI

JUDGEMENT

(1.) HEARD Mr. RK Somorjit, learned counsel appearing for the applicant as well as Mr. A. Sachikumar, learned counsel appearing for the respondent No.1.

(2.) BY this application, the applicant is praying for condoning delay of 140 days in filing the accompanying appeal under Section 173 of the M.V. Act,1988 against the impugned judgment and award dated 5.1.2012 passed in M.A.C Case No.245 of 2009 by the learned Presiding Officer of the Motor Accident Claims Tribunal, Manipur.

(3.) THE Apex Court in a catena of cases held that there should be reasoned order for condoning the delay in filing the appeal under Section 5 of the Limitation Act. Therefore, it is the mandate of the Apex Court that the reasoned order should be passed while condoning the delay of preferring the appeal. One of the decisions of the Apex Court regarding this point was in Hindustan Construction Co. Ltd. & Another Vs. Gopal Krishna Sengupta & Ors : (2003) 11 SCC 210. However, discretion of this Court under Section 5 of the Limitation Act is to be exercised to advance substantial justice. In the name of advancing substantial justice to the party praying for condonation of delay, the Court could not be oblivious of the right accrued to the other party if the period for filing the appeal had been expired. Therefore, the Court is to strike a balance between the petitioner seeking for condonation of delay and the opposite party opposing, the application for condonation of delay, to whom the right had been accrued after the prescribed period of limitation has been expired. Reference may be made to the decision of the Apex Court in M.K.Prasad v. P.Arumugam:(2001) 6 SCC 176. Para 7 of the SCC in M.K.Prasad's case (supra) read as follows: