Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

1.         Adv. Mr S Jaiswal appears for appellant.  Adv. Patre used to appear for respondent but today he is absent.

2.         Heard Adv. Mr S. Jaiswal for appellant and perused the impugned order against which the appeal is filed.  There is a delay of 76 days in filing the appeal. Appeal has been filed against the judgment & award dtd. 26.08.2008 passed by District Consumer Forum, Yavatmal in CC No. 109/2008.  Wherein the complaint has been allowed and appellant has been directed to pay sum of `1,31,180 towards the insurance claim of vehicle to the respondents, also directed to pay `2,000/- for mental harassment and `1,000/- as cost of complaint to the respondent.   Aggrieved by the said order ICICI Lombard General Insurance Co Ltd has filed this appeal.  In filing this appeal there is a delay of 76 days.  Appellant has filed MA/319/09 to seek condonation of delay.  We perused the contentions in para 3 & 4 of delay application wherein the reason for delay is mentioned.  It is contended that appellant is a corporate office and they have to take permission from the authorities, legal opinion has to be obtained and then only the appeal has to be drafted and approved by higher authorities and hence there is a delay of 76 days.

3.         This delay is quite on higher side.  By now the appellant like ICICI Lombard General Insurance Co Ltd must know that the appeal, against the award passed by the District Forum, Yavatmal, ought to have been filed within 30 days from the date of receipt of order. But it appears that ICICI Lombard General Insurance Co slept over its right for pretty long time and avoided to file an appeal within prescribed period and started taking steps to file appeal belatedly.

4.         We are not satisfied with the explanation given by the advocate for the delay.  There is no sufficient cause for the appellant to file this appeal so belatedly after lapse of 76 days. As the delay is not properly explained, hence, we pass the following order:-

ORDER

1.         Misc. Application bearing No. MA/09/319 stands rejected. 

2.         Consequently appeal bearing No.A/08/1046 does not survive for consideration.

3.         Copies of the order be supplied to the parties free of cost.

            Pronounced on 13.04.2011

sj