No. 2/29.03.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant is present through Ld. Advocate Mr. A. K. Bandyopadhyay.  No S/R.  Mr. Shankar Mukhopadhyay, the Ld. Advocate files Vokalatnama on behalf of the sole Respondent.  S/R is thus complete.  By consent of parties we take up the hearing of the delay condonation application.

This appeal has been filed out of time by about 83 days.  The impugned judgement was passed on 21.09.2010.  The Insurer is the Appellant.  It has been stated in the petition for condonation of delay that one investigator who was appointed by the Insurer to make an investigation into the cause of the accident filed an Affidavit on 16.11.2010 i.e. almost after two months from the date of delivery of the said judgement by stating that the driver of the vehicle in question had no driving licence.  Hence, there was delay in filing this appeal.

The explanation as above given in the above application is utterly absurd.  If the insurer had any doubt in its mind as to the absence of driving licence of the driver, it should have mentioned the same before the disposal of the complaint case.  Even then it should have filed the appeal immediately thereafter once it suffered an adverse order, if it had an impression that such report would certain to come.  These facts give a clear picture of lackadaisical attitude of the insurer in filing this appeal.  We are of the view that such plea cannot be a ground for condonation of delay.  The application for condonation of delay is accordingly dismissed.  The appeal shall stand dismissed being barred by limitation.