TMI Blog1985 (5) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... t has been filed for condonation of delay in preferring the appeal. The Stamp Reporter of the Court on calculation, after taking into consideration the period taken for obtaining the certified copy of the judgment of the tribunal, has pointed out the last date for preferring the appeal to be 26-3-1984. The appeal was preferred on 18-6-1984 which was the reopening date of this Court after Summer Vacation. The Court closed for Summer Vacation on 11-5-1984. 3. Under Section 5 of the Limitation Act sufficient cause is to be shown explaining the delay of each day. It is not of course possible to lay down precisely as to what matters would constitute sufficient cause. It can, however, be clarified that the delay in filing an appeal should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l was filed on the reopening date along with a petition for condonation of delay. It is claimed that the appellant is a public sector company and is merely a custodian of public funds collected from the citizens as tax payers and will suffer heavy pecuniary loss unnecessarily not for any other laches on the part of the appellant but for administrative difficulties. 5. While examining the question to find out if there was negligence, I have kept in mind that the company is a body-corporate and has no living mind. It acts through individuals who are its employees. However, the negligence of the employees would not absolve the company in any manner. The company had appeared and contested the claim before the tribunal. It had knowledge of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is disclosed in the petition for condonation of delay that the insurance company appeared only on 15-12-1983 to take the stand that the vehicle causing accident was not insured with it. Thus, negligence in defending the case was not only in preferring the appeal but also in contesting the case before the tribunal. However, I am not taking note of the negligence in the contest of the claim since that would be extraneous consideration for judicial determination of each day's delay in preferring the appeal. 7. Mr. R. Samantaray, the learned counsel for the National Insurance Company Limited has elaborately and strenuously argued as to how the present day inefficiency has crept in at all stages and in all walks of life. He wanted to con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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