THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. M/S ORIENTAL INS. CO. LTD AND 2 ORS

Advocate for the Respondent : MR. S DUTTA - B E F O R E - HON’BLE THE CHIEF JUSTICE MR. R.M. CHHAYA Date : 08-08-2022 ORDER Heard Mr. S. Islam, learned counsel for the applicant/appellant. Also heard Ms. S. Mochahari, learned counsel, appearing for the respondent Page No.# 2/3 No.1/Insurance Company and Mr. M. Talukdar, learned counsel, appearing for the respondent No.2. By this application under Section 173 of the Motor Vehicles Act, 1988 (as amended) read with Section 5 of the Limitation Act, 1963, the applicant/appellant has prayed for condonation of delay of 470 days in preferring the connected appeal. Mr. S. Islam, learned counsel for the applicant/ appellant at the outset submits that as there is delay of 470 days, the applicant/appellant would not claim interest for 270 days in filing the connected appeal. Mr. S. Islam further submits that in order to see that the applicant gets adequate compensation, this Court may take a lenient view and condone the delay so that the applicant may have an opportunity to redress her grievance on merits in the appeal.

Having considered the averments made in Paragraphs 2 to 11 of this application and also considering the fact that the applicant as claimant has a right of just and adequate compensation, the delay though being enormous is required to be condoned, however, with condition. Following the ratio laid down by the Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. -Vs- Mst. Katiji & Ors., reported in AIR 1987 SC 1353, in the facts of this case the applicant has been able to establish sufficient cause. However, it is also to be noted that the Insurance Company should not be saddled with liability of interest for a long period of 470 days. At this stage, Mr. S. Islam, learned counsel for the applicant/appellant states that this Court may take a lenient view and the applicant is ready and willing to forego interest for 270 days. In totality of facts and considering the fact that the applicant has volunteered not to claim any interest for 270 days and considering the Page No.# 3/3 explanations rendered by the applicant, though the delay is of 470 days, considering the fact that the applicant is claimant in a motor accident claim, which is a benevolent legislation and as rightly pointed out by Mr.