Annakkutty vs National Insurance Company Ltd

C.S Dias, J

The application is filed to condone the delay of 1412 days in filing the appeal.

The petitioner has averred in the affidavit filed in support of the application that although the award was pronounced on 6.10.2016, and her counsel

received the certified copy on 25.4.2019, the case file was misplaced at the counsel's office. Thereafter due to the Covid-19 pandemic, she could not

file the appeal within the prescribed time period. Hence, the delay of 1412 days has occurred in filing the appeal.

Although the respondent has entered appearance though counsel, no counter affidavit is filed.

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The law in respect of condonation of delay is well settled in a plethora of decision.

In Collector, Land Acquisition, Anantnag & Anr v. Katiji & Ors [(1987) 2 SCC 107], the Hon'ble Supreme Court has held that the expression

'sufficient cause' is adequately elastic to enable the courts to apply the law in a meaningful manner which sub-serves the ends of justice and that a

liberal approach has to be adopted while dealing with applications for condonation of delay.

The Hon'ble Supreme Court in Oriental Aroma Chemical Industries Ltd v. Gujarat Industrial Development Corporation and Another [

(2010) 5 SCC 459] has held that Court shall adopt a liberal approach in condoning the delay of short duration and a stricter approach where the delay

is inordinate.

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Therefore, it is by now trite that a case has to be decided on merits, after giving the parties an opportunity of being heard, rather than dismissing the

same on technicalities or default, but a stricter approach has to be adopted when there is inordinate delay.

Although the reasons mentioned in the affidavit are not at all that convincing and satisfactory, taking a lenient view in the matter and to provide the

petitioner an opportunity to contest the case on merits, I am of the considered opinion that the application can be allowed by directing the petitioner to

pay a reasonable amount as costs, which would tide over the hardship and prejudice caused to the respondent .

In the result, I allow the application on the following conditions:

(i) The petitioner shall deposit/pay an amount of Rs.1500/- as costs to the respondent/learned counsel appearing for the respondent before this Court, within a period

of three weeks from today, and file a memo to the effect.

(ii) Only if the memo is filed within the prescribed time, the application will stand allowed and the delay will stand condoned, otherwise, the application will stand

dismissed.

(iii) If ultimately the appeal is allowed in favour of the petitioner, she would be dis-entitled for interest for a period of 1412 days.

(iv) Post the appeal after three weeks.