Cholamandalam Ms General ... vs Litan Deb And Others
2023 Latest Caselaw 855 Tri

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                          HIGH COURT OF TRIPURA
                                AGARTALA

                    IA No.1 of 2023 in MAC App. No.82 of 2023
                                        and
                             MAC App. No.82 of 2023

Cholamandalam MS General Insurance Company Ltd.,

                                                   ......Applicant/Appellant(s)
                                     Versus
Litan Deb and others
                                                    ..............Respondent(s).

For Applicant/Appellant (s) : Mr. Rajib Saha, Advocate.

For Respondent(s) : Mr. S.B. Debnath, Advocate, Mr. Alik Das, Advocate, Mr. K. Deb, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 10/10/2023

IA No.1 of 2023 in MAC App. No.82 of 2023

Heard Mr. Rajib Saha, learned counsel for the applicant/appellant;

Mr. S.B. Debnath learned counsel for the respondent No.1; Mr. Alik Das,

learned counsel for respondent No.2 and Mr. K. Deb, learned counsel for

respondent No.3, on the prayer for condonation of delay of 160 days in

preferring the instant memo of appeal.

The applicant/appellant-Cholamandalam MS General Insurance

Company Ltd. is aggrieved by the award dated 08.12.2022 passed by the

learned Member, Motor Accidents Claim Tribunal No.5, West Tripura,

Agartala in T.S(MAC) No.126 of 2018 whereby a sum of Rs.24,70,400/- has

been awarded in favour of the claimants along with interest at the rate of 8%

per annum with effect from the date of filing of the claim application till its

full realization.

Mr. Rajib Saha, learned counsel for the applicant/appellant

submits that the delay is not intentional. After obtaining the certified copy of

the judgment and award, opinion was obtained in the third week of January,

2023. After obtaining opinion of the Legal Cell of the Guwahati Office, the

new Law Officer who joined in the 1st week of July, 2023, processed the file

and handed over the relevant documents to the empanelled advocate for

preferring an appeal before this Court. Thereafter, the appeal has been filed.

The delay may be condoned otherwise the applicant/appellant may suffer

irreparably.

Learned counsel for the respondents do not have serious objection

to the prayer.

On being satisfied with the grounds and explanation urged and on

consideration of the rival submissions of the parties, delay is condoned.

Accordingly, IA No.1 of 2023 is disposed of.

MAC App. No.82 of 2023

Admit.

Call for the lower court records from the concerned court.

Office to prepare Paper Book.

Matter be listed for hearing in usual course.

Meanwhile, subject to deposit of 50% of the awarded amount in

the Registry within a period of 4(four) weeks, there shall be stay on the

operation of the impugned judgment.

(APARESH KUMAR SINGH), CJ

Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.10.11 16:13:42 +05'30'