NATIONAL INSURANCE CO LTD Vs. RABRI DEVI

JUDGEMENT

(1.) Both the interlocutory applications have been filed for condonation of delay, of 9 days and 23 days respectively, in filing the respective appeals. However, learned Counsels for the appellants in both the appeals seek to argue that as a matter of fact both the appeals were filed/presented within the statutory period but only on the ground that they were not accompanied by challans showing deposit of the statutory amounts, the filing was not accepted and the appeals were stated to have been filed on the date when the statutory amount was deposited and the copy of the challans filed.

(2.) In M.A. No. 569/2009, the memorandum of appeal was filed on 6.10.2009, but without the challan showing the deposit of the statutory amount of Rs. 25,000/- or 50% of the awarded amount whichever was less. The stamp reporter gave a report that the appeal was "in time till today", i.e., 6.10.2009, but further stated however, that this memo of appeal will be entertained by this Court only when the appellant deposits with this Hon'ble Court the amount of money as envisaged under Section 173 of the Motor Vehicles Act, and accordingly the appeal was shown as filed on 15.10.2009.

(3.) In M.A. No. 591/2009, the memo of appeal was presented/filed on 5.10.2009 and a similar report was made by the stamp reporter that it was "in time till today", i.e., 5.10.2009 but the case was shown to have been filed on 28.10.2009 for the same reason in the other appeal.