JUDGMENT :

Ajay Kumar Gupta, J.

CAN 1 of 2023

1. Learned advocate appearing on behalf of the appellants/claimants moved an application for condonation of delay of 352 days in preferring the instant appeal. He referred paragraph Nos. 5 and 8 of the said application to show the sufficient cause prevented in filing the appeal within the prescribed period of limitation under Section 173(1) of the Motor Vehicles Act, 1988. He prays for condonation of delay for admitting the appeal and hearing of appeal for substantive justice.

2. On the other hand, learned advocate appearing on behalf of the respondent no. 1/insurance company raised objection of such prayer for condonation of delay.

3. Having heard the submissions of both sides and on perusal of the application, it appears the cause shown by the appellant is sufficient, satisfactory and accepted. Hence, delay in filing appeal is hereby condoned.

4. Accordingly, CAN 1 of 2023 is, thus, disposed of.

FMAT No. 961 of 2013

5. This instant appeal has been filed by the appellants/claimants being aggrieved and dissatisfied with the judgment and award dated 21.05.2012 passed by the Learned Judge, Motor Accident Claims Tribunal, Purba Medinipur in Motor