Andhra Pradesh High Court - Amravati
The Oriental Insurance Company Ltd vs Dasari Krupavathi on 8 November, 2024
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
MAIN CASE No: M.A.C.M.A.No.717 of 2023
PROCEEDING SHEET
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01. 08.11.2024 BSB, J
I.A.No.1 of 2023
This petition is filed to condone the delay
of 128 days in filing appeal against the
judgment and decree dated 22.02.2023 passed
in M.V.O.P.No.212 of 2018 on the file of the
Motor Vehicle Accidents Claims Tribunal-Cum-II
Additional District Judge, Visakhapatnam.
The contention of the petitioner/appellant
is that the tribunal passed award on 22.02.2023
and application for certified copy was filed by
the petitioner/appellant on 17.04.2023, stamps
were called on 19.04.2023, copy of the award
and decree were made ready on 03.05.2023
and the same was delivered on 03.05.2023 and
that they were sent to the advocate for the
appellant for opinion and along with the opinion
they were sent to TP Hub, Visakhapatnam and
later forwarded to the Regional Office,
Visakhapatnam and thus the whole procedure
led to delay of 128 days in filing the appeal, the
delay is neither wilful nor deliberate and it is
purely due to administrative reasons as stated
2
BSB, J
MACMA.No.717 of 2023
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supra. The petition was opposed by filing
counter of the 1st respondent/petitioner.
Respondent Nos.2 and 3 herein did not
contest before the tribunal.
Respondent No.1 filed counter opposing
the petition stating that the petitioner did not
assign proper reason or cause for the delay and
that there is no merit in the petition to condone
the delay.
The learned counsel for the petitioner
submitted that since there are no deliberate
latches on the part of appellant and the reason
for the delay is only due to the procedural
process, it may be condoned.
The learned counsel for the respondent
No.1 stated that the petitioner stands on the
same footing as a private party and
administrative reasons cannot be treated as
sufficient cause for condoning the delay and
placed reliance on the decisions of Office Of
The Chief Post Master & Ors vs Living Media
India Ltd.& Anr1 at para 28, which reads as
follows:
"Though we are conscious of the fact
that in a matter of condonation of delay when
Contd...
(2012) 3 SCC 563
BSB, J
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there was no gross negligence or deliberate
inaction or lack of bonafide, a liberal
concession has to be adopted to advance
substantial justice, we are of the view that in
the facts and circumstances, the Department
cannot take advantage of various earlier
decisions. The claim on account of
impersonal machinery and inherited
bureaucratic methodology of making several
notes cannot be accepted in view of the
modern technologies being used and
available. The law of limitation undoubtedly
binds everybody including the Government."
Therefore, he vehemently contended that
the delay in filing the appeal should not be
condoned in the present case.
In reply, the learned counsel for the
petitioner stated that there are serious points of
law raised in the appeal opposing the grant of
compensation and the appeal is not filed on
mere whimsical grounds and therefore, the
appeal may be condoned liberally.
In the present case, except for the period
between the date of award and the date of filing
the application for providing certified copy, the
rest of the period of delay is due to procedure Contd...
which is indispensably required for the
BSB, J
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petitioner to file an appeal. Therefore, it cannot
be treated as deliberate or negligence of the
petitioner. Moreover, the length of the delay is
unreasonable to consider it as deliberate
latches on the part of the advocate in causing
the delay and for the short period of delay
before filing the application for certified copy, to
compensate the 1st respondent/claimant, some
terms can be imposed while condoning the
delay to adjudicate the dispute on merits.
The decision relied on by the learned
counsel of the respondent does not debar
condonation of delay in every case. Basing on
the facts and circumstances in that particular
case, it was decided.
Therefore, this Court is of the view that
condonation of delay in the present case is not
on mere liberal concession, but on the reasons
noted above.
In the result, the petition is allowed and
the delay is condoned on the condition that the
petitioner shall pay Rs.1000/- to the 1st
respondent within thirty (30) days failing which,
petition stands closed without any further order.
___________________
B.S. BHANUMATHI, J
DSV
BSB, J
