BRANCH MANAGER Vs. RAJAT MODAK

JUDGEMENT

(1.) The Appellant has filed this Application under the Second Proviso to Section 173(1) of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act 1963, seeking Condonation of Delay of 85 days in filing the Appeal, assailing the Judgment of the Motor Accidents Claims Tribunal, South Sikkim at Namchi, in MACT Case No. 06 of 2012 dated 24.03.2014.

(2.) It is averred that the Judgment in MACT Case No. 06 of 2012 was pronounced by the Learned Member, Motor Accidents Claims Tribunal, South Sikkim at Namchi on 24.03.2014. That the Appeal ought to have been filed on or before 17.12.2014, but was filed only Branch Manager, Reliance General Ins.Co.Ltd. vs. Rajat Modak & Ors. on 26.03.2015, after the Appellant came to know of the impugned Judgment on 16.09.2014 when the office of the Appellant received a copy of the Execution Proceedings. Thereafter, on receipt of the same, a copy was forwarded to its office at Kolkatta seeking further instructions. The Branch Office of the Company then sought legal advice as to whether the Judgment of the Learned Tribunal could be challenged in this Court. Other necessary documents were sought from its Investigator. It is submitted that the delay of 85 days has been caused due to the time taken in the movement of File and seeking legal opinion, hence the prayer for Condonation of Delay.

(3.) On the other hand, Mr. Kumar Sharma, learned Counsel for the Respondents No. 1 and 2, contended that the Appellant in the first instance has no locus standi to file the Appeal, as the award was passed against the Branch Manager, Reliance General Insurance Co. Ltd., at Siliguri, whereas the Appellant is the Branch Manager of the concerned Insurance Company at Kolkatta. It is also contended that the conduct of the Appellant is not one that requires sympathetic consideration, since it has failed to appear before the Motor Accidents Claims Tribunal at Namchi, despite service of Notice.