THE BRANCH MANAGER Vs. RATNA BAHADUR CHETTRI

JUDGEMENT

(1.) This is to consider an Appeal under Section 173 of the Motor Vehicles Act, 1988 (in short the 'Act') filed on behalf of the Appellant-Insurance Company against the judgment and award dated 30-11-2013 passed by the Learned Motor Accident Claims Tribunal, East and North Sikkim at Gangtok (in short the 'Claims Tribunal') in MACT Case No.26 of 2012 by which compensation of Rs. 5,24,069/- (Rupees five lakhs twenty four thousand and sixty nine) only was awarded in favour of the Respondent No.1 for injuries sustained by him in a motor vehicle accident that took place on 22-03-2013 while travelling from Gangtok to Kupup.

(2.) Without going into the merits of the finding and the correctness of the compensation awarded, we may first consider the application for condonation of delay.

(3.) The Appeal has admittedly been filed with a delay of 111 days. It is, therefore, to be seen as to whether the Appellant-Insurance Company was prevented by 'sufficient cause' from preferring the Appeal within the stipulated period of 90 days as provided in Section 173 of the Act. The grounds stated in the application for condonation of delay are as follows:-