STATE OF MIZORAM Vs. KAPHMINGTHANGA

JUDGEMENT

(1.) This is an application for condonation of delay in filing the M.A.C. Appeal No. 1 of 2003. Both parties were heard. The appellant, State of Mizoram, has intended to condone a delay of 208 days in presenting the appeal against judgment and order dated 12.4.2002 passed by Member, M.A.C.T., Aizawl in M.A.C.T. Case No. 76 of 1998, Kaphmingthanga v. Commandant I.R. Bn., Khungleng Post. Tribunal passed an award of Rs. 1,54,500 in favour of father in connection with death of a child aged 4 years in vehicular accident taking place on 25.9.1996 involving vehicle No. MZ 01-9796.

(2.) Briefly stated, the cause for delay is stated to be due to processing of the file in the government departments and for getting the sanction of a sum of Rs. 25,000 for making the statutory deposit for presenting the appeal, etc.

(3.) In this affidavit-in-opposition the respondent-opposite party has objected by contending that the explanation given for the delay cannot be termed as a 'sufficient cause' under the facts and circumstances of the case and that there is no explanation why the decision taken to file the appeal, which was communicated by the Law Department, vide I.D. No. L.J. 11/2002/258, dated 14.5.2002, to the Home Department on 14.5.2002, the Home Department needed 125 days for the reply which came only on 19.9.2002. This is a clear case of dealing with the matter most casually. It was further contended that as per the statement in the petition though the appeal was ready by 22.10.2002 to be presented it could not be presented on that day but filing was deferred till 6.2.2003 on the ground that sanction for deposit of Rs. 25,000 could not be made available to the Government Advocate by the government department concerned and this delay of another 104 days has no explanation. Therefore, it was submitted the delay cannot be condoned, the explanation being neither sufficient nor satisfactory.