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S.K.KAR
STATE OF MIZORAM – Appellant
Versus
KAPHMINGTHANGA – Respondent


Advocates Appeared:
For the Appellant : N. Sailo
For the Respondent: A.R. Malhotra

JUDGMENT :

S.K. Kar, J.

1. This is an application for condonation of delay in filing MAC Appl. No. 1/03. Both the parties were Heard. The appellant, State of Mizoram, has intended to condone a delay of 208 days in presenting the appeal against judgment and order dated 12/4/02 passed by Member, MACT, Aizawl in MACT Case No. 76/98 (Sh. Kaphmingthanga v. Commandant I.R. Bn. Khuangleng Post). Learned Tribunal passed an award of Rs. 1,54,500/- in favour of father in connection with death of a child of age 4 years in vehicular accident taking place on 25,9.1996 involving vehicle No. MZ 01-9796.

2. Briefly stated, the cause for delay is stated to be due to processing of the file in the government departments and for the getting sanction of a sum of Rs. 25,000/- for making the statutory deposit for presenting the appeal etc.

3. In this affidavit-in-opposition the respondent/O.P has objected by contending that the explanation given for the delay cannot be termed as a 'sufficient cause' under the facts and circumstances of the case, and that there is no explanation why the decision taken to file the appeal, which was communicated by the law department, vide I.D. No. L.J. 11/2002/258, dated 14.5.

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