Heard Mr. R. Goswami, learned counsel, appearing for the applicant. None has appeared for the respondent.

        The applicant/appellant has filed the appeal against the judgment and order dated 24-12-2015 passed by the District Forum, Kokrajhar, in C.P. Case No. 01/2010 along with this application for condonation of delay of 110 days in filing the accompanying appeal.

        The respondent herein filed a complaint before the District Forum, Kokrajhar, claiming compensation of Rs. 4,00,000/- only. The contention of the complainant (respondent herein) was that his father late Subash Chandra Basumatary left a Group Janata Personal Accident Insurance Policy of Golden Trust Financial Services, Bongaigaon Branch, which was issued by the appellant. During the validity period of the said policy, the complainant’s father met with an accident on 13-02-2006, while he was riding on his own motor Cycle. He was immediately shifted to hospital but he succumbed to his injuries at the hospital.

        The complainant, being the nominee in the said policy, claimed the insured amount which was repudiated by the appellant. Therefore, he approached the District Forum.

        The appellant contested the claim by filing written statement on the ground inter-alia, that the cause of death of the deceased was not the accident but cardiac arrest and the cause of death was not covered by the insurance policy. There was no serious injury leading to the death of the deceased.

        The learned District Forum relying on the Inquest Report of the Executive Magistrate, observed that there was severe injuries at the left portion of the eyes, on the right hand and right leg near the knee and therefore, it appears that the cause of death was cardiac arrest due to injuries sustained by the deceased after the accident. The Forum awarded an amount of Rs. 2,00,000/-  along with interest @8% per annum in favour of the complainant.

        It is submitted by the learned counsel appearing for the applicant that the copy of the judgment and order dated 24-12-2015 was forwarded by the District Forum on 05-01-2016 which was received by the office of the appellant on 15-01-2016. The dealing Office sought for opinion from their advocate vide letter dated 03-02-2016 and the legal opinion was received on 23-02-2016. Thereafter, the entire file was sent to the Bongaigaon Divisional Office on 24-02-2016 which was received by the Divisional Office on 25-02-2016. The Divisional Office after observing all the formalities forwarded the file to Guwahati Regional Office on 09-03-2016. As the policy in question was issued by an Office coming under Kolkata Regional Office, the Guwahati Regional Office had to refer the matter to the parent Office at Kolkata for their approval and the approval was received by the Guwahati Regional Office on 30-03-2016. The dealing Officer at the Regional Office was on leave for some days and therefore the brief was sent to the panel advocate on 08-04-2016 and there was Bihu vacation from 09-04-2016 to 17-04-2016. The panel advocate also took some time to prepare the appeal and thus, there was a delay of 110 days in filing the accompanying appeal.

        Considering the grounds mentioned in para 2 of the application and also the merit of the appeal, which in our opinion, appeal filed by the appellant deserves adjudication. We are thus inclined to condone the delay. Accordingly delay of 110 days in preferring the accompanying appeal is hereby condoned.

        The instant Misc. Application is allowed and disposed of accordingly.