Ref: I.A. no. 6222 of 2016

1. The appellant has filed the aforesaid interlocutory application for condonation of delay of four months five days in filing this appeal with the case that after obtaining certified copy of the judgment and award on 27.11.2013, the appellant no. 1 seriously fell ill, so she could not get the memo of appeal prepared and filed in the case contacting her learned advocate within time. There has been no deliberate delay and laches on the part of the appellants in filing the appeal.

2. In the facts and circumstances of the case and in the interest of justice, the aforesaid interlocutory application is allowed and delay made in filing the appeal is condoned.

3. The aforesaid interlocutory application is, accordingly, allowed.

4. Heard learned counsel for the appellants and learned counsel for the respondent no. 3 on this miscellaneous appeal.

5. This miscellaneous appeal has been filed against the judgment dated 18.11.2013 and award dated 21.11.2013 passed by learned Additional District Judge-XI-cum-Motor Vehicle Accident Claim Tribunal, Patna in Claim Case no. 51 of 2010 whereby the learned Tribunal allowing the claim petition filed by the appellants, di