ORIENTAL INSURANCE CO LTD Vs. NIRMAL DEBBARMA

JUDGEMENT

(1.) This application under proviso to Section 173 of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act has been field by the petitioner, namely, the Oriental Insurance Company Ltd. for condonation of the delay in filing the appeal No. F.A. 78 of 97 against the judgment and award that was passed on 10.7.96 in Title Suit(MAC) No. 164 of 1995.

(2.) I have heard Mr. S.M. Ali, learned counsel appearing on behalf of the petitioner. Also heard Mr. I. Chakraborty, learned counsel appearing on behalf of the respondent No. 1 and Mr. P. Deb Roy, learned counsel appearing on behalf of the respondent No.2.

(3.) There is no controversy over the fact that the judgment and award which has been impugned in the Memo of Appeal was passed by the learned Member, Motor Accident Claims Tribunal on 10.7.96. The certified Copy of the judgment/award was furnished to the Oriental Insurance Company Ltd. i.e. the present petitioner on 15.7.96. In course of the submission of the learned counsel for the parties, a question has arisen as to whether the petitioner is entitled to get exclusion of the period which the Tribunal needed for furnishing the copy of the judgment/award in the matter of computing the period of limitation. Section 168 (2) of the Motor Vehicles Act, 1988 (abbreviated hereinafter as "the Act") which is relevant for the purpose may, therefore, be quoted as under :