DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD Vs. SWAPAN DEBNATH

JUDGEMENT

(1.) Heard Mr. P.K. Ghosh, learned counsel for the appellant/ applicant, Mr. Raju Datta, learned counsel appearing for the respondent No.1 and Mr. A.K. Deb, learned counsel appearing for the respondent No.4 on I.A. No.01 of 2023 secking condonation of delay of 99 days in preferring the instant memo of appeal.

(2.) The present appeal [MAC.APP. No. 17 of 2023] is directed against the impugned award dtd. 6/7/2022 passed in case No. T.S.(MAC) 159 of 2015 by the learned Member, Motor Accident Claims Tribunal, Tribunal No.2, West Tripura, Agartala.

(3.) Notices have been validly served on the respondents who are represented. Mr. Raju Datta, learned counsel, appears for respondent No.1 and Mr. A.K. Deb, learned counsel appears for respondent No.4 According to the appellant/applicant, the delay has been caused mainly due to the fact that the Advocate of the appellant/applicant was busy in treatment of his father aged about 83 years who was suffering from COVID-19 and was out of State till last week of September, 2022. Since Puja Vacation commenced and the Courts were closed till 24h October, 2022, the application for obtaining certified copy was made and obtained on 21/11/2022. Thereafter, legal opinion was sought by the applicant, communicated to the appellant-company and the appellant/applicant informed the engaged counsel to file an appeal. This delay is not intentional neither is the appellant/applicant negligent in preferring the appeal.