STATE OF ASSAM Vs. S RAI

JUDGEMENT

(1.) The appeal against the award dated 3.6.2002 passed by the Motor Accident Claims Tribunal, Guwahati in MAC Case No. 392/98 has been filed along with an application under Section 5 of the Limitation Act, 1963, as it is barred by 312 days. The reasons given as contended in the application in not presenting the appeal within the period of limitation are contained in paragraphs 3 and 4, which read as under:

(2.) It appears from the averments that the case of the Government is that the appeal could not be filed within the period of limitation as the Government was arranging the fund of Rs. 25,000/- which is required to be deposited as acondition precedent for filing the appeal. It is beyond our comprehension that the Government has to take so much time to arrange the fund, which is required to be deposited before the appeal could be entertained and we cannot believe that the State of Assam is short of fund, so that it had to take so much time to arrange a fund of Rs. 25,000/- It is clear from the averments made in the application that no details have been provided as to what steps have been taken at different levels for prosecuting the process of filing the appeal in the High Court. Strangely enough, no details or cogent reasons are mentioned for explaining the delay in filing the appeal. From the averments made in the application seeking the permission of the Court for condonation of delay, it is apparent to us that the matter has been taken in a most casual manner and we can say so that in a negligent manner. When there is enormous delay in filing the appeal one can normally expect, that meticulous care is taken in explaining the delayasto why the appealcould not be filed within a period of limitation and why the appeal is being filed taking so much of time. The contents of the application on the face of itreflect the casual manner in which the application is being prepared.

(3.) The contents of the application do not indicate any bonafide or sufficient reason to condone the delay. The application for condonation of delay stands dismissed. Consequently, the appeal also stand dismissed.