The main legal point established in the judgment is that the owner-driver of a vehicle can be fully covered under an insurance policy as per the India Motor Tariff (IMT) and the terms and conditions of the policy.

S.P. Wangdi, J.

1. By filing this appeal, the appellant, who is the Branch Manager, New India Assurance Co. Ltd., Gangtok Office, Gangtok, seeks to assail the judgment of the Motor Accidents Claims Tribunal, East and North Sikkim at Gangtok, dated 28.6.2010, in M.A.C.T. Case No. 48 of 2008, whereby the claim of the respondents-claimants in respect of the death of the deceased, to the extent of Rs. 3,52,700 only, was allowed. The short point for consideration in the appeal is that the deceased being the owner of the vehicle although was driving the vehicle himself was not covered under the insurance policy in question. Stated briefly, the facts of the case relevant for its disposal are that the deceased, Bir Bahadur Subba, who was the owner-driver of a passenger vehicle, died as a result of an accident of the said vehicle on 10.10.2003 at about 23:00 hours at a place called Jharey Khola while on its way to Rolep from Rongli. The vehicle had fallen about 150 ft below the road causing the death of the deceased on the spot. The accident vehicle having been insured with the appellant insurance company, the legal heirs of the deceased claimed compensation for his death, in terms of the insurance policy, resulting in the Claims Tribunal passing the impugned judgment.

2. Before this court, Mr. Sudesh Joshi, the learned counsel appearing on behalf of the appellant company, submitted that the deceased being the owner himself cannot be said to be covered under the policy of insurance, since the Motor Vehicles Act, 1988 does not provide for such cover. The insurance policy, Exh. 9, prescribes the policy to be subject to IMT endorsement Nos. 21, 23, 38, 48 and 40 which specify the nature of the risks covered thereunder. That none of those endorsements indicates that owners of the vehicles are covered under the policy. Mr. Joshi also took us through section 147 of the Motor Vehicles Act to support his contention that policies of insurance did not contemplate covering owners of the vehicle like in the present case. Dhanraj Vs. New India Assurance Co. Ltd. and Another, (2004) 8 SCC 553, was also referred to by him, which as per Mr. Joshi clearly lays down that proposition.

3. Mr. Ajay Rathi, the learned counsel representing the respondents-claimants, on the other hand, supported the judgment of the Claims Tribunal and submitted that although the deceased was undeniably the owner of the vehicle, he used to ply the vehicle himself as its driver. In other words, the insured Mahindra Diesel taxi vehicle was owned and professionally driven by the deceased at the time when the accident took place, thereby being fully covered by the insurance policy.

4. Before dealing with the merits of the case, it may be noted that the appeal was filed belatedly and as per the appellant, the delay was of 45 days. In the application for condonation of delay, it is the admitted position that the impugned judgment and award was pronounced by Claims Tribunal on 28.6.2010 and, therefore, the appeal ought to have been preferred within 90 days, i.e., by 27.9.2010. The only ground for seeking condonation of delay is contained in para 3 of the application which reads as under:

(3) That New India Assurance Co. Ltd., being a Government of India undertaking, the entire records had been sent by the petitioner to its Divisional Office at Siliguri for necessary instruction who in turn sent the same to its Regional Office at Kolkata hence there was a delay of 45 days in filing the instant appeal.

5. As can be seen from the pleading, the reasons set out for the delay are utterly vague and bereft of any particulars and, to observe the least, most casual. This court is conscious of the law that while considering application for condonation of delay, courts need to take a liberal attitude and avoid being pedantic. However, the nature of the explanation given is such that it is