NATIONAL INSURANCE CO LTD Vs. MAHAMAYA DAS

JUDGEMENT

(1.) Tliis is to dispose af an application under Section 5 of the Limitation Act filed by the Appellant - company namely the National Insurance Company for condonation of delay of 367 days in filing the appeal from the judgment and award dated 13.1.93 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in Case No. T.S. (MAC)2 of 1991 awarding compensation of Rs. 1,12,000/- to the claimants- respondents as against the appellant-company. The grounds for condonation of delay assailed by the appellant are as follows :

(2.) The appellant-Insurance Company received the judgment and award dated 13.1.1993 passed by the lamed Motor Accident Claims Tribunal, North Tripura Dharmanagar, in short the learned Claims Tribunal herein after referred to, in T.S. (MAC) 2 of 1991 on 5.6.93 after applying for the certified copy of the award/judgment on 16.1.1993. The last date for filing the appeal fell on 8.6.1993 after calculating 90 days time excluding the period in obtaining the certified copy of the award/judgment from the learned Claims Tribunal. From 8.6.93 to 10.6.94 i.e. 367 days delay was occurred/made by the Insurance Company due: to their several correspondences to the Regional Office and the Head Office which are situated at Gauhati and Calcutta, respectively. In fact, there are 370 days delay at the time of the filing of the appeal from the impugned judgment and award on 13.6.94. The company was busy with their Lok Adalat cases during the months of March and April, 1994. Besides, their Branch office which was conducting with the original suit situated at Dharmanagar, North Tripura. In the last part of March, 1994 the Regional Office of the appellant-Insurance Company got information after consulting the legal Department of the said Head office under several correspondences that the concerned dealing clerk was on leave and hospitalised due to his illness after the period of Lok Adalat, who later on joined on duty in the last part of May, 1994 only. Thereafter the relevant file was handed over to the Branch Manager for taking views and even from the approved lawyer. After taking the legal friews the Branch Manager sent the file to the Divisional Office further on 30.5.94 with a view to file an appeal at Agartala. Thereafter, on 7.6.94 the file was handed over to Mr. K. Bhattacharjee, the learned Counsel of the appellant-Insurance Company who drafted the appeal on 9.6.94 and sent it to the Divisional Office for proper signature and proper affidavit. As 11.6.94 and 12.6.94 were holidays of the appellant Insurance Company, the appellant: -Insurance Company filed the appeal on 13.6.94.

(3.) The Appellant-Insurance Company contended that there was no intentional delay or laches on the part of the Appellant-Insurance Company.