The New India Assurance Co. Ltd. vs Mahendra Kumar Panda & Ors.

G. Satapathy, J.

This is an appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by M/S. New India Assurance Co. Ltd. challenging the impugned judgment dated 02.05.2014 passed by learned Fourth Motor Accident Claims Tribunal, Puri (In short, “the Tribunal”) in MAC Case No.440 of 1997.

Heard, Mr. Prasanna Kumar Panda, learned counsel for the Appellant and Mr. Pradeep Kumar Mishra, learned counsel for R5 to 8, but none has appeared for R1 and R2. Mr. Prasanna Kumar Panda, learned counsel for the Appellant submits that although the Appellant-Insurer has challenged the liability in paying the compensation, but there is a delay of 137 days in preferring the Appeal, however, 50% of the award has already been satisfied by the National Insurance Company-cum-Opposite Party No.5 before the learned Tribunal in original MAC case. Mr. Pradeep Kumar Mishra, learned counsel for Respondent Nos.5 to 8 informs this Court that Respondent No.4 has already died in the meantime and his legal heirs are already on record and he, accordingly, prays to delete the name of Respondent No.4.

It is found that the Appellant-Insurance Company has preferred this appeal with a delay of 137 days, but it has not taken any steps for condoning the delay nor the appeal memo is accompanied by any application for condonation of such delay, however, in the meantime, the appeal has already crossed a decade without being admitted and remains pending in the docket of this Court, but no step has been taken in the limitation matter. Delay in preferring appeal may be considered liberally, provided the Appellant approaches the Court with promptitude, but the Insurance Company being an institution has not been able to file an application for condonation of delay even after more than 11 years of filing of the present appeal. It is stated at the Bar that the Appellant-insurance company has not yet satisfied the award due to pendency of the appeal, but it is neither desirable nor acceptable to deprive the claimants of their legitimate claim merely because the insurance company has preferred an appeal without taking any steps for admission of such appeal for more than a decade. Further, the National Insurance Company-cum-Opposite Party No.5 before the learned Tribunal in original MAC case has not been made as a party in this Appeal.

In view of the aforesaid facts and circumstance and taking into consideration the age of the appeal and there being no real steps taken by the insurance company to condone the delay, this Court considers it to be a fit case to dismiss the appeal being barred by law of limitation. Accordingly, the appeal stands dismissed. Since the Respondent No.4 has already died in the meantime and his legal heirs being on record as submitted, the name of Respondent No.4 stands deleted from the cause title of the Appeal Memo.

The statutory deposit with accrued interest thereon be refunded back, subject to condition deposit before the learned tribunal by the Insurance Company within eight weeks hence of its share of award, the same shall be disbursed to the claimants in accordance with award of the learned Tribunal.