High CourtsSingle Bench(2024) 02 TP CK 0046

Branch Manager, The Oriental Insurance Company Ltd. vs Mihir Nath & Others

Tripura High Court · Decided on 15 February 2024

HON’BLE JUDGES
Aparesh Kumar Singh, CJ
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application No. 02 Of 2023 In Motor Accident Claim Appeal No. 102 Of 2023

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Judgment

13 paragraphs · 248 words

Aparesh Kumar Singh, J

I.A. No.02/2023 in MAC.APP. No.102/2023:

As per the office note, service of notice has been delivered through speed post upon respondents No.1 to 4 though as per the ordinary process notice was received after expiry of the fixed date. Respondents No.1 to 3 have appeared through Vakalatnama. As such, service of notice upon the respondents is complete.

Heard learned counsel for the applicant/appellant on the prayer for condonation of delay of 52 days in preferring the instant memo of appeal.

Learned counsel for the appellant/applicant submits that the delay is not intentional. Time was consumed in the process of obtaining instructions from the Regional Office, Guwahati, Assam being the higher authority. The entire office files along with the impugned judgment and award was sent to the Regional Office (legal hub), Guwahati for legal opinion. He submitted that delay may be condoned as the appellant has good case on merits.

Respondents No.1 to 3 have appeared but they are not represented today.

However, upon hearing the learned counsel for the applicant/ appellant and after going through the explanation, delay of 52 days is condoned in the interest of justice.

I.A. No.02 of 2023 is disposed of.

MAC.APP. No.102/2023:

Admit.

Call for the lower Court records in connection with case No. T.S.(MAC) 29 of 2019 from the Court of learned Member, Motor Accident Claims Tribunal No.2, North Tripura, Dharmanagar.

Office to prepare Paper Book on receipt of LCRs.

Matter be listed for hearing in usual course.