CIVIL APPEAL 272 of 2013 on 30 July 2011

Party Name : KALPA RN. CHAKMA Vs PRIYA LAL BANIK & ANOTHER

THE HONBLE MR. JUSTICE S.TALAPATRA

In view of the order passed today in CM. Appl. No. 272 of 2013 in MAC App. 41 of 2012(D/O), this petition is restored. Heard Mr. Suman Bhattacharji, learned counsel appearingfor the appellant-applicant as well as Mr. A. Das, learned counsel appearing for therespondent No.1 and Mr. S.D. Choudhury, learned counsel appearing for the respondentNo.2. This petition filed under Section 5 of the Limitation Act, 1963 for condoning the delayof 114 days in preferring the under Section 173 of the M.V. Act, 1988 against the judgmentand order dated 30.07.2011 delivered by the Motor Accident Claims Tribunal, Court No.2,West Tripura, Agartala in T.S. (MAC) 92 of 2005. Mr. Suman Bhattacharji, learned counselappearing for the appellant-applicant has submitted that the causes for such delay havebeen explained in the paragraphs No-4, 5 6 of the petition. He further submits that thedelay so occured is entirely unintentional. Mr. A. Das, learned counsel appearing for therespondent No.1 and Mr. S.D. Choudhury, learned counsel appearing for the respondentNo.2 in their usual fairness do not oppose the prayer for condoning the delay of 114 days.Situated thus and on consideration of all the aspects as surfaced, this Court finds that thecauses for the delay of 114 days as assigned by the appellant-applicants constitute thesufficient cause for condoning the delay. Accordingly, the delay is condoned and ascorollary thereto, this petition stands allowed. The CM. application is disposed of.