ORDER

06.09.2022 Date :

Heard the learned counsels for the parties.

2. This Interlocutory Application has been filed seeking condonation of delay of 181 days that had occurred in preferring the accompanying appeal against the Judgment and Award dated 06.05.2019 passed by learned Member, Motor Accidents Claims Tribunal, Karimganj, in MAC Case No.

241/2017.

3. This appeal has been filed by the claimant being aggrieved by the Judgment and Award dated 06.05.2019 passed by learned Member, Motor Accidents Claims Tribunal, Hailakandi, in MAC Case No. 241/2017 whereby the claim petition of the applicant was allowed and an amount of Rs.7,02,000/- (Rupees seven lakh two thousand) only was directed to be paid by the Opposite Party No.2 namely, the respondent No.2 herein i.e. Oriental Insurance Company. According to the applicant the evidences which were adduced were not duly considered by the Tribunal and the notional income of the deceased has been treated to be Rs.4000/- (Rupees four thousand) only per month without any basis even though his income was Rs.7,500/- (Rupees seven thousand five hundred) only. Accordingly, a wrong multiplier has been used and lesser amount of compensation has been awarded. Being aggrieved, the MAC appeal has been preferred.

4. The learned counsels for the parties have been heard and the pleadings on record have been perused. The applicant has urged the following grounds in support of his prayer for condonation of delay:-

“2. That the applicants/ appellants hail from remote area of Hailakandi district. Due to untimely death of the sole earning member of the family, they have been subjected to severe financial crisis. The applicant/appellant no. 1, who is the husband of the deceased, has to shoulder the burden of the family consisting of his unmarried daughters and minor children. All of them are completely dependent on him. 3. That the applicants/ appellants beg to state that appellant/applicant no. 1 is an illiterate person and is a patient of low blood pressure suffering from severe physical weakness. As such, he has no earning being unemployed.

4. That although the impugned award was passed on

06.05.2019, they could not prefer the appeal within time as the applicant/appellant no. 1 has been suffering from his various ailments due to physical witness resulting from low blood pressuer. Moreover, the applicant no. 1 has to look after all his children i.e appellant no. 2 to 5. Because of extreme financial incapacity and ill-health and being an illiterate person, he couldn’t manage to come to Guwahati and engage a counsel for preferring the appeal.

Copies of medical prescriptions are annexed herewith as ANNEXURE-I.

5. That the applicants/ appellants beg to state that recently the applicant/appellant no. 1 could manage some money and with the help of one of his relatives, he could engage counsel to prefer the statutory appeal and accordingly the instant appeal has been filed. However, in the process, there has been a delay of 181 days in preferring the appeal.”

5. The prayer for condonation has been objected to by the respondent No.2/Insurance Company by filing objections. The respondent No.2 disputes the contentions made by the applicant by contending that the grounds urged do not sufficiently explain the cause of delay. It is contended that the certified copy of the Judgment is not enclosed to the I/A and therefore it could not be ascertained as to when the folio was provided by the applicant and/or as to when the copy was provided to him. The respondent No.2 also disputed the medical certificates enclosed to contend that the same are well after the date of Judgment and Award passed by the MACT. Therefore, the explanation provided by the applicant does not cover the entire period for which the delay had occurred.

6. Perusal of the award dated 06.05.2019 passed by learned Member, Motor Accidents Claims Tribunal, Hailakandi, in MAC Case No. 241/2017 reveals that the Opposite party/respondent No.1 was the owner cum driver