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2019 Supreme(Sikk) 38

MEENAKSHI MADAN RAI
Branch Manager, Reliance General Insurance Co. Ltd. – Appellant
Versus
Jarun Maya Rai – Respondent


Advocate Appeared:
For the Appellant :Mr. Manish Kr. Jain, Advocate
For the Respondent:Ms. Yanzee Pinasha, Mr. Ajay Rathi, Ms. Panila Theengh and Ms. Tashi Doma Bhutia, Advocates

ORDER :

Meenakshi Madan Rai, J.

1. The Petitioner/Appellant-Insurance Company, seeks condonation of 107 days delay in filing the Appeal, which assails the Judgment and Award of the Learned Motor Accidents Claims Tribunal, South Sikkim, at Namchi (hereinafter, Claims Tribunal), in MACT Case No.01 of 2016 (Branch Manager, Reliance Insurance Co. Ltd. vs. Smt. Jarun Maya Rai and Others) and MACT Case No.11 of 2014 (Deki Lepcha vs. Bir Bahadur Rai and Others). The Petition is purported to be under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter, MV Act), read with Section 5 of the Limitation Act, 1963 (hereinafter, Limitation Act).

2. The grounds averred in the Petition for delay which was filed on 24-05-2018 are as follows;

“………………………………………………………………………………………

1. That this day, the petitioner/Appellant has filed an Appeal challenging the judgment and Award passed by the Learned Member, Motor Accident Claim Tribunal, South Sikkim at Namchi, in MACT case No.01 of 2016 (Branch Manager Reliance General Insurance Co. Ltd versus Smt. Jarun Maya Rai and others) along with the impugned judgment of MACT Case no.11 of 2014 (Deki Lepcha versus Bir Bahadur Rai and Others).

2. That the judgment

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