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2014 DIGILAW 22 (ORI)

Divisional Manager, Oriental Insurance Co. Ltd. v. Sumitra Sahoo

2014-01-09

B.R.SARANGI

body2014
JUDGMENT Dr. B.R.SARANGI, J. : This is an application filed under Section 173(1) proviso 2 of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act by the appellant-petitioner, who preferred an appeal assailing the award dated 23.12.2003 passed by learned Addl. District Judge-cum-IIIrd M.A.C.T., Rourkela in Misc. Case No. 154 of 2001/190 of 2003 awarding compensation of Rs. 50,000/- in favour of the claimant. 2.It is found that the award was passed on dated 23.12.2003 and the date of valid presentation of the appeal was 24.08.2004. Therefore, the total period occupied is 245 days and after excluding the limitation period of 90 days, there is a delay of 155 days. For that purpose, the above application has been filed under Section 5 of the Limitation Act for condonation of delay indicating "sufficient cause". In paragraph 5 and 6 of the application, the appellant-petitioner has explained the delay, which is as follows : "5. That the Divisional Officer of the petitioner after getting the certified copy of the impugned award, legal opinion of the counsel immediately perused the entire case record, prepared the note and on 30.07.2004 forwarded the entire file to the petitioner i.e. the regional office of the insurance company to take decision about the appeal matter since the latter is empowered to deal with the Hon'ble High Court matters and the regional office received the records on 3.8.2004. 6. That the officers of the petitioner after perusal of documents on 5.8.2004 forwarded the entire file to the present counsel to give his legal opinion for future further course of action and the latter after receipt of the file on 6.8.2004 vide his letter dated 12.08.2004 forwarded his legal opinion to the petitioner which were reached before the latter on 13.8.2004. 3.On perusal of the reasons assigned, it is found that delay of 155 days has neither been explained nor any sufficient cause has been shown for such delay, rather the contention has been raised with regard to the merits of the case explaining the "sufficient cause" for preferring this appeal. 4.The apex Court in State of Nagaland v. Lipok AO, 2012 (5) SCC 157 , the apex Court in paragraphs 24 and 25 has held to the following effect : "24. 4.The apex Court in State of Nagaland v. Lipok AO, 2012 (5) SCC 157 , the apex Court in paragraphs 24 and 25 has held to the following effect : "24. What colour the expression "sufficient cause" would get in the factual matrix of a given case would largely depend on bona fide nature of the explanation. If the Court finds that there has been no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides, then it may condone the delay. If, on the other hand, the explanation given by the applicant is found to be concocted or he is thoroughly negligent in prosecuting his cause, then it would be a legitimate exercise of discretion not to condone the delay. 25. In case involving the State and its agencies/instrumentalities, the Court can take note of the fact that sufficient time is taken in the decision making process but no premium can be given for total lethargy or utter negligence on the part of the officers of the State and/or its agencies/instrumentalities and the applications filed by them for condonation of delay cannot be allowed as a matter of course by accepting the plea that dismissal of the matter on the ground of bar of limitation will cause injury to the public interest." After holding the same, in paragraph 28 the apex Court has stated as follows : "28. The application filed for condonation of delay and the affidavits of Shri Sirsikar are conspicuously silent on the following important points. (a)The name of the person who was having custody of the record has not been disclosed. (b)The date, month and year when the papers required for filing the first appeals are said to have been misplaced have not been disclosed. (c)The date on which the papers were traced out or recovered and name of the person who found the same have not been disclosed. (d)No explanation whatsoever has been given as to why the applications for certified copies of the judgments of the trial Court were not filed till 23.08.2010 despite the fact that Shri Sirsikar had given intimation on 12.5.2003 about the judgments of the trial Court. (d)No explanation whatsoever has been given as to why the applications for certified copies of the judgments of the trial Court were not filed till 23.08.2010 despite the fact that Shri Sirsikar had given intimation on 12.5.2003 about the judgments of the trial Court. (e)Even though the Corporation has engaged a battery of lawyers to conduct cases on its behalf, nothing has been said as to how the transfer of Shri Ranindra Y. Sirsikar operated as an impediment in the making of applications for certified copies of the judgments sought to be appealed against." Similar view has also been taken by the apex Court in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and others in Civil Appeal No. 8183-8184 of 2013 arising out of S.L.P. (C) No. 24868-24869 of 2011 in its judgment dated 13rd September, 2013. 5.In view of the above authoritative decision of the apex Court, by any stretch of imagination it cannot be said to be a reasonable explanation or proper explanation so as to constitute sufficient cause within the meaning of Section 5 of the Limitation Act, 1963. It is made clear that while deciding whether in a particular matter sufficient cause is established or not definitely each case depends upon the facts and circumstances and while giving the explanation so as to constitute sufficient cause be that an Insurance Company, a Corporation, a Government body or any other Quasi Governmental body, officers who sworn the affidavits must be careful and cautious in explaining the reasons and they are not expected to file affidavits in a casual manner taking vague allegations. In such cases, definitely it cannot be said that such vague reasons may attract the expression "sufficient cause" within the meaning of Section 5 of the Limitation Act, 1963. It is suffice to state that each case depends upon the facts and circumstances of the particular specified case and no elaborate guidelines exhaustively can be laid down in this regard. As far as the present case in hand is concerned, in the light of the nature of the reason which had been specified in the affidavit filed in support of the application for condonation of delay, this Court is satisfied that such reason will not answer the expression "sufficient cause" within the meaning of Section 5 of the Limitation Act, 1963. 6.For the reasons stated above, the petition filed by the appellant for condonation of delay of 155 days is dismissed. Accordingly, the appeal filed by the appellant is dismissed being barred by time. The appellant is granted two months time for making deposit of the awarded amount, if the appellant/Insurance Company is so advised. The statutory deposit made by the Insurance Company be refunded to the learned counsel for the appellant on proper identification. Appeal dismissed.