UNITED INDIA INSURANCE COMPANY LTD Vs. AJIT MALAKAR

JUDGEMENT

(1.) HEARD learned counsel, Mr. S. Datta Choudhury for the appellant -petitioner and learned counsel, Mr. B. Saha with learned counsel, Mr. Samarjit Bhattacharjee for respondent No.1 and learned G.A., Mr. N.C. Pal for respondent Nos.2 to 4. None present for respondent No.5.

(2.) BY this petition, filed under Section 5 of the Limitation Act, 1963, the appellant -petitioner(for short, the petitioner), United India Insurance Company Limited(for short, the Insurance Company), prayed for condoning the delay of 1198 days in preferring the appeal against judgment and award, dated 30.03.2009, passed by the learned Single Member, Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala, in Case No.T.S.(MAC) 346 of 2004.

(3.) THE petitioner was supposed to file the petition under Second proviso to sub -section(1) of section 173 of the Motor Vehicles Act, 1988 since the appeal is filed under a special act, which has prescribed its own limitation and the provisions for condonation of delay, if any. Since the special law prescribes a special law of limitation for preferring a appeal, the provision of section 5 of the Limitation Act shall not apply in the present case. The petitioner appears to have wrongly quoted the petition as one under section 5 of the Limitation Act, which ought to have been the Second proviso to sub -section(1) of section 173 of the Motor Vehicles Act. However, for fair ends of justice, the petition is treated as one under Second proviso to sub -section(1) of section 173 of the M.V. Act.