UNITED INDIA INSURANCE COMPANY LTD Vs. UMAR MINOR

JUDGEMENT

(1.) THIS petition is to condone the delay of 30 days in filing the appeal against the award of the Motor Accidents Claims Tribunal (Principal Sub-Judge) Cuddalore in MACTOP No.264 of 1990. In the affidavit, the petitioner has stated that the relevant papers relating to the O.P. and the certified copies of the judgment and decree were forwarded to the Regional Office at Madras for scrutiny by the legal department of the petitioner- insurance company to decide on the question of advisability of filing appeal. The concerned Managers, who have to take a decision, were not readily available inasmuch as they had been deputed to attend certain policy matters of importance. As such, the decision could not be taken for filing an appeal within the period of limitation. Moreover, in a Government Undertaking like the petitioner, administrative delay cannot be avoided for more reasons than one.

(2.) IT is clear that the Tribunal has passed the award on 22-2-1995 and the certified copies of the judgment and decree were made ready on 8-3-1995. Since the limitation expires during summer vacation i.e., on 6.6.1995 the appeal ought to have been filed on the reopening day. Thus, due to the administrative reasons, a delay of 30 days had caused.

(3.) THE Supreme Court, by its Order date 13-9-1993 made in the S.L.P. referred to above, has passed the following Order: - "THE Special Leave Petition is disposed of." THE Supreme Court has also passed the following order on the same day in the S.L.P. referred to above:-