For vs For
2022 Latest Caselaw 810 Tri

                                         HIGH COURT OF TRIPURA
                                               AGARTALA
                                   I.A.01 of 2022 in MAC.APP.61 of 2022

               For Applicant(s)                   : Mr. A. Sengupta, Adv.
               For Respondent(s)                  : Mr. K.C. Bhattacharjee, Adv.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

Order

29/08/2022

Heard Mr. A. Sengupta, learned counsel appearing for the applicant as well as Mr. K.C. Bhattacharjee, learned counsel appearing for the respondent No.2.

This is an application under Section 173(1) second proviso of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act for condoning the delay of 124 days in preferring the appeal against the judgment and award dated 09.12.2021 passed by the learned Member, Motor Accident Claims Tribunal, Court No.5, West Tripura, Agartala in Case No.T.S.(MAC)21 of 2019 dismissing the claim petition filed by the claimant-applicants.

Mr. A. Sengupta, learned counsel appearing for the applicant has submitted that there is no fault on the part of the applicant for such delay in filing the appeal. He has also stated that the applicant was prevented by sufficient cause for filing the appeal. If the delay is not condoned, the applicant will suffer irreparable loss and he will be deprived from getting the compensation due to the injuries suffered in the road traffic accident.

On the other hand, Mr. K.C. Bhattacharjee, learned counsel has fairly submitted that he has no objection if the delay is condoned.

Having heard the learned counsel appearing for the parties and the reasons stated in this application, this court thinks it fit to condone the delay.

Accordingly, it is ordered.

In terms of the above, this application stands allowed and disposed of.

JUDGE

Sabyasachi B