ORIENTAL INSURANCE CO. LTD. Vs. MANOMANTI CHOUHAN

JUDGEMENT

(1.) Heard Mr. M.D. Choudhury, learned counsel for the applicant/appellant. Also heard Mr. A.D. Choudhury, learned counsel for the respondent/claimants No. 1 and 2. None appeared for the respondents No. 3 to 5.

(2.) This application under Section 5 of the Limitation Act read with section 173(1) proviso of the Motor Vehicles Act (for short M.V. Act') has been filed praying for condonation of delay of 196 days in preferring an appeal against the judgment and award, dated 30.08.2016, passed by the learned Member, Motor Accident Claim Tribunal (for short the M.A.C.T.') No.3, Kamrup(M) at Guwahati, Assam in MAC Case No. 661 of 2011.

(3.) The applicant/appellant, Oriental Insurance Co. Ltd. by filing the instant application, interalia, contends that the company has filed an appeal against the aforesaid judgment and award, dated 30.08.2016, whereby the learned MACT No.3, Kamrup (M) at Guwahati has awarded the compensation of Rs.7,90,000/- along with interest @ 6% per annum from the date of filing of the claim petition till payment and in favour of the respondent/claimants No. 1 and 2. The applicant insurance company further contends that although the certified copy of the judgment was obtained on 08.09.2016, the same was received by the company on 06.10.2016 along with the opinion of the learned counsel. Thereafter, the company sought for some clarifications from the dealing advocate, on 24.10.2016, and the clarifications were received at the Company's Regional Office at Guwahati on 16.12.2016 as the learned counsel remained out of station for her medical treatment. The Regional Office, thereafter, sent the file to their learned counsel of this Court for opinion on 07.01.2017 and the learned counsel furnished his legal opinion on 19.01.2017 advicing the company for preferring an appeal against the said judgment and award of the Tribunal. On receipt of the advice, the matter was submitted to the Company's Head Office at New Delhi, on 08.02.2017 and the competent authority, after consideration of the documents, advised the Regional Office at Guwahati to prefer an appeal before this Court, on 27.03.2017. The Regional Office at Guwahati received the aforesaid advice, on 12.04.2017. Accordingly, the Regional Office handed over the file to its counsel on 08.05.2017. However, while preparing the appeal, the learned counsel found unavailable of deposition copies of the witnesses and other vital documents in the case, which he informed to the company's office on 16.05.2017 and the company, in turn, asked the counsel to furnish the same on 24.05.2017. The learned counsel furnished the same, on 06.06.2017 and then the appeal was finally drafted and filed in this Court on 12.06.2017. In the aforesaid unavoidable official process, a delay of 196 days has occurred in filing the appeal. The applicant/appellant company further contends that as the matter involves a huge sum of public money and there are good grounds for appeal, for the ends of justice, the unintentional delay may be condoned.