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Judgment
Aparesh Kumar Singh, CJ
Heard Mr. Karnajit De, learned counsel for the petitioner.
The learned Motor Accident Claims Tribunal, West Tripura, Agartala, Court No.5 has condoned the delay of 89 days in preferring the claim petition by the impugned order dated 20.09.2023. The same has been challenged after more than 10(ten) months on 01.08.2024 by the insurance company.
Learned counsel for the petitioner submits that the delay condonation petition was filed even after 4(four) months of the filing of the claim petition. The insurance company was not allowed to file any objection either. Therefore, it is aggrieved.
I have taken note of the submission of the learned counsel for the petitioner and also gone through the impugned order.
The delay of 89 days in preferring a claim petition does not appear to be so inordinate on the first hand considering the beneficial nature of the M.V. Act, 1988. The claim has been preferred under Section 166 of the Act. The learned Tribunal has taken note of the decisions of the Madras High Court and Kerala High Court and found that even claim petition filed after the statutory period has been condoned by the learned Courts. As such, it was satisfied that the explanation is worth condonable.
I do not find any error in the impugned order. Accordingly, the instant petition is dismissed.
Pending application(s), if any, also stands disposed of.