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Judgment
Aparesh Kumar Singh, CJ
IA No.1 of 2024
Heard learned counsel for the applicant-appellant and the respondents on the prayer for condonation of delay of 123 days in preferring the instant memo of appeal which arises out of the judgment and award dated 17.06.2023 passed by the Member, Motor Accidents Claim Tribunal, West Tripura, Agartala, Court No.5 in TS (MAC) No.125 of 2019.
Ms. R. Purkayastha, learned counsel for the applicant-appellant submits that the delay is not deliberate and it has been properly explained. It has occasioned due to the formalities of sending the file to Regional Office for obtaining legal opinion in the second part of the month of July, 2023 and, thereafter, preparation of the memo of appeal upon receipt of such opinion. After completion of all the formalities, on 20.11.2023 the file was handed over to the present counsel for preferring an appeal. However, due to sudden crash of the laptop and other ministerial defects the appeal could be filed only on 16.01.2024 which has occasioned the delay though it is not intentional. Therefore, the delay may be condoned as the appellant has a good case on merits.
Learned counsel for the respondents have opposed the prayer.
However, on consideration of the rival submissions of the parties and on being satisfied with the grounds and explanation urged, this Court is satisfied that sufficient cause has been shown for the delay.
Accordingly, the delay is condoned and IA No.1 of 2023 is disposed of.
MAC No.5 of 2024
Admit.
Call for the lower court records from the concerned court.
Office to prepare Paper Book.
Matter be listed for hearing in usual course.