KAILASH PRASAD DEO,J. - (1.) I. A. No.63 of 2017 Learned counsel for the appellants has pressed I.A. No.63 of 2017 filed under section 5 of the Limitation Act for condonation of delay of 48 days in preferring the appeal. Learned counsel for the appellants has submitted that award has been passed on 30.07.2016 by learned District Judge- IV- cumM.A.C.T., Bokaro in T.M.V. No.20 of 2012 but certified copy of the same has been delivered to the appellants on 05.09.2016. The appellants being old and ailing person lost their support and hope of life because of which they were mentally so disturbed that they could not file appeal in time. In the first week of December, 2016, the appellants came to Ranchi and was advised for filing appeal for enhancement of award and for grant of just and reasonable compensation amount before the Hon'ble High Court. As such, after taking such advice, the appellants arrange papers and documents and handed over the brief to the counsel on 15.12.2016 for preferring the appeal, which was accordingly filed before this Court on 05.01.2017. As such, the delay is not intentional rather because of the circumstances the same has occurred for which appellants cannot be held responsible and if delay is not condoned, the appellants shall suffer irreparable loss and injury.
(2.) Learned counsel for the Insurance Company, Mr. Mukesh Kumar Dubey has opposed the prayer for condonation of delay. The Insurance Company has filed objection application, stating therein that delay has not been properly explained.
(3.) Considering the rival submissions of the parties, looking into the application and its objection, this Court is inclined to accept the I.A. No.63 of 2017 by condoning the delay of 48 days in preferring the appeal. As such, delay is condoned. I. A. No.63 of 2017 is allowed. M. A. No.11 of 2017. ;