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2018 Supreme(Sikk) 74

MEENAKSHI MADAN RAI
Branch Manager, Shriram General Insurance Co. Ltd. – Appellant
Versus
Dik Bir Damai – Respondent


Advocate Appeared:
For the Appellant :Mr. Yadev Sharma and Mr. Dilip Kr. Tamang, Advocates
For the Respondent:Mr. Ashok Pradhan, Ms. Pritima Sunam, Advocate

ORDER :

Meenakshi Madan Rai, J.

1. Since the grounds put forth for the delay in the two Petitions are identical and arise out of the same accident they are being disposed of by this common Order. It is pertinent to mention here that the Learned Motor Accidents Claims Tribunal, West Sikkim, at Gyalshing (for short “Learned Claims Tribunal”), passed two separate Judgments being MACT Case No.36 of 2016 and MACT Case No.33 of 2016, both dated 28-12-2017 as the Respondents-Claimants were different families in the cases supra.

2. The Appellant/Applicant is before this Court seeking condonation of fifty days’ delay in filing both the Appeals. The grounds being put forth for the delay are inter alia as under;

(i) The impugned Judgment was pronounced on 28-12-2017, copies thereof were forwarded to the Appellant-Company through the Learned Claims Tribunal on 29-12-2017 via e-mail. After receiving the said e-mail, the Appellant immediately applied for the certified copies on 03-02-2018, which were ready on 06-02-2018.

(ii) The Kolkata Branch on receipt of the copies thereof forwarded the matter to the Jaipur Head Office for preferring the Appeals.

(iii) As per the internal procedure, the Jaipur Hea

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