MC 1689/2011 BEFORE THE HON’BLE MR. JUSTICE A.K. GOSWAMI This application under Section 5 of the Limitation Act 1963, is for condoning th e delay of 2200 days in preferring the accompanying appeal. The petitioner has preferred an appeal in connection with the judgment a nd order dated 13/9/02 passed by the learned Member, Motor Accident Claims Tribu nal, Bongaigaon in MAC Case No.63/99, awarding a compensation to the claimant in respect of death of her husband, Amir Hussain on 9/12/98. By the aforesaid awar d, the present petitioners were directed to pay compensation amount of Rs.1,97,5 00.00 within a period of 2 months from the date of judgment failing which the am ount was to carry interest @ 9% p.a. till realisation. The applicants have sought to justify the delay that had occurred in par agraphs 5 to 24 of the application. The averments made in the aforesaid paragrap hs, are reproduced herein below:- 5. That the Asst. Pleader, Dhubri gave necessary information to the petitioner No.3 about the judgment dated 13/4/2002 passed in M.A.C. No.63/99 an d the petitioner No.3 duly communicated this information before his superior off ice. 6. That the petitioners state that on receipt of the information of Judgmen t dated 13/9/2002, Under Secretary to the Govt. of Assam, Home (c) Department re quested the petitioner No.3 to furnish a copy of the Judgment dated 13/9/2002 al ong with other documents for further course of action. 7. That the petitioner No.3 also wrote another letter to the Deputy Inspect or General of Police (Admn), Assam requesting to accord necessary sanction to ma ke payment etc. Copy of this letter dated 31/10/2002 is annexed here as Annexure-2. 8. That thereafter the petitioner No.3 applied for certified copy of the Ju dgment dated 13/9/2002 and on receipt of the Judgment copy of the petitioner No. 3 sent it to the Deputy Inspector General of Police (MPC) Assam, Guwahati for ne cessary. Copy of the letter dated 3/01/2003 is annexed here as Annexure-3. 9. That the petitioners also submitted the copy of the Judgment and other d ocument before the Secretary Home Department and accordingly the Deptt. Of Home, Govt. of Assam took up the matter with the legal Remembrance, Assam and sought its opinion about the judgment dated 13/9/2002 and after receipt of the opinion, the Joint Secretary to the Govt. of Assam, Home (C) Deptt. Directed the Directo r General of Police, Assam to prefer an appeal against the Judgment dated 13/9/2 002 passed in M.A.C. Case No.63/99 and office No.3 to do needful for preferring appeal. Copy of this letter dated 10th April 2003 and letter dated 22nd April 2003 is an nexed herewith as Annexure-4 and 5. 10. That thereafter the petitioner No.3 took up the matter with the Govt. Pl eader, Bongaigaon about preferring the appeal and Govt. Pleader accordingly requ ested the petitioner No.3 to take up the matter with the Sr. Govt. Advocate, Ass am, Gauhati High Court as the same is appealable before the Hon’ble High Court o nly. 11. That on receipt of the same the petitioner No.3 wrote a letter to Sr. Go vt. Advocate Assam, Gauhati High Court requesting him to prefer an appeal agains t the judgment dated 13/9/2002. Copy of letter dated 6/5/2003 and letter dated 8/5/2003 are annexed herewith as Annexure 6 &7. 12. That the petitioner No.3 states that the petitioner No.3 could not send the certified copy of the judgment dated 13/9/2002 passed in MAC Case No.63/99, and other documents as these were lying at Assam Police Head Office, Ulubari, Gu wahati therefore the Admin Officer Govt. Advocates Office, Assam Gauhati High Co urt wrote a letter on 13/5/2003 to the petitioner No.3 and informed that the pet itioner should send certified copy along with other documents and asked him that the petitioner No.3 should deposit Rs.25,000/- before the Registrar General, Ga uhati High Court before filing the appeal. Copy of this letter dated 13/5/2003 is annexed herewith as Annexure-8. 13. That on receipt of the letter dated 13/5/2003 written by Admin Officer o f Govt. Advocate’s Assam, Gauhati High Court, the petitioner No.3 send a W/T mes sage to the D.I.G (ADMN) Assam stating about pre-requisite condition of deposit Rs.25,000/- in preferring appeal according DIG (ADMN), Assam send another W/T me ssage to the petitioner No.3 to send the letter dated 13/5/2003 written by Admn. Officer to take up the matter with Govt. for necessary financial sanction to pr efer the appeal. Copy of W/T message dated 29/5/2003, 16/3/04 is annexed herewith as Annexure-9 a nd 10. 14. That on receipt of the letter dated 13/5/2003 the Deputy Inspector Gener al of Police (MPC) Assam Guwahati wrote a letter to the Under Secretary to the G ovt. of Assam, Home (C) Deptt. Requesting him to accord sanction of Rs.25,000/- for preferring the appeal as the budget plan on 2003-2004 was already executed. Copy of this letter dated 30th March 2004 is annexed here as Annexure-11. 15. That as the Govt. did not accord sanction of the said amount the authori ty concern wrote another letter on 12th April 2004 to the Govt. of Assam in this respect. Copy of this letter dated 12/4/2004 is annexed here as Annexure-12. 16.That the petitioner stated that Govt. of Assam vide its letter dated 10th Sep t. accorded financial sanction of Rs. 25,000/- to prefer the appeal before the H on’ble High Court against the judgment dated 13/09/2002 passed in M.A.C. Case No . 63/99. Copy of this letter dated 10th Sept. 2004 is annexed herewith as Annexure-13. 17.That on receipt of the sanction the petitioner No. 3 vide letter dated 29 /9/2004 and vide state bank of India’s draft No.-0078 deposited Rs. 25,000/- bef ore the Registrar General, Gauhati High Court to allow the petitioner to prefer the appeal. Copy of this letter dated 15/10/2004 is annexed herewith as Annexure-14. 18.That after depositing the mandatory amount Rs. 25,000/- the petitioner No. 3 wrote another letter Register General, Gauhati High Court, and requested to retu rn P.C. No. & & & & And A/Roll, etc. Copy of this letter dated 9/11/2005 is annexed herewith as Annexure-15. 19. That the petitioner No. 3 humbly submit that the office of the petitione r No. 3 is headed by police of the Rank of Supdt. Of Police and at regular inter val the person is transferred and due to lack of continuity of the office staffs the concern office file was not duly placed before the incumbent police officer since 9/11/2005, as such no action etc. was taken by the office of the petition ers No. 3 and the appeal matter remained pending, moreover the office of the pet itioner No, 3 was under bonafide belief that as the petitioner No. 3 deposited R s. 25,000/- and certified copy of the Judgment dated 13/9/2002 is already with t he Police Head Quarter at Guwahati, necessary appeal memo etc. must have been al ready preferred before the Hon’ble High Court. 20. That the petitioners humbly submit that the petitioners vide its letter dated 22/1/06 and letter dated 17/2/06 wrote letter to the learned Registrar Gen eral, Gauhati High Court, in his context. Copy of this letter dated 22/01/06 and 17/2/06 are annexed herewith as Annexure- 16 & 17. 21. That the petitioner state that the Registrar General Gauhati High Court, wrote a letter to DIGP (MPC) Assam, police Headquarters take up with the Office of the Sr. Govt. Advocate, Assam, Gauhati High Court, and on 12/6/09 the learne d deputy Secretary to the govt. of Assam, Home (C) Department Dispur wanted to k now the present status the appeal etc. hence the Asstt. Inspector General of Pol ice (R) wrote a letter on 16/6/09 to the petitioner No. 3 and the Petitioner No. 3 sent a W/T message in the regard. Copy of this letter dated 17/6/09 are annexed herewith as Annexure-18 & 19. 22. That the petitioner state that thereafter on 19/6/09, the Asst. Inspecto r General of Police, (R) Assam, Ulubari, Guwahati asked the petitioner No. 3 to receive the certified copy of the Judgment dated 13/9/2002 passed in MAC Case No . 63/99 and accordingly the petitioner No. 3 received the copy of the said judgm ent and or receipt of the Judgment and the relevant documents, wrote a letter to the Sr. Govt. Advocate, Assam, Gauhati High Court in the regard. Copy of this letter dated 19/6/2009 along with another letter dated 19/6/09 are annexed herewith as Annexure-20 & 21. 23. That the petitioners state that on receipt of the letter dated 19/6/09 t he Sr. Govt. Advocate, Assam, Gauhati High Court, verified the matter and inform ed the petitioners that there was no any appeal against the judgment dated 13/9/ 02 passed in MAC Case No.63/99 due to non receipt of the documents etc. Copy of this letter dated 19/6/2009 the Sr. Govt. Advocate is annexed herewith a s Annexures-22. 24. That the petitioner No.3 thereafter on 20/6/09 requested the Sr. Govt. A dvocate, Assam to prefer the appeal and according by the Deputy Secretary to the Govt. of Assam also wrote a letter to the Sr. Govt. Advocate on 10/7/09 to do n eedful for preferring the appeal etc and the Sr. Govt. Advocate, Assam Gauhati H igh Court accordingly requested Govt. Advocate to draft necessary appeal Memo al ong with connected petitions and the concern Advocate took some time to prefer t he appeal memo and other petitions and in this process there is a delay about 22 00 days in preferring the appeal. Copy of this letter dated 20/6/09 and 10/7/09 are annexed as Annexure 23 & 24 . A perusal of the aforesaid would go to show that there was a total lack of sense of urgency on the part of the petitioners to prefer the appeal and they have let things drift, which had resulted in delay of 2200 days. In paragraph 2 1, it has been stated that Registrar General, Gauhati High Court, wrote a letter to the DIGP (MPC), Assam, Police Headquarters to take up the matter with the of fice of the Sr. Govt. Advocate, Assam. No date of the letter has been mentioned and though the letter is annexed as Annexure-18, a letter dated 17/6/09 was desc ribed as Annexure-18 and 19. The letter of the Registrar General, Gauhati High C ourt is dated 22/8/06 and nowhere it was stated that the matter should be taken up with the Office of the Sr. Govt. Advocate, Assam. On the contrary, request wa s made to furnish the Appeal numbers of MAC cases registered in the High Court t o enable the Registry to take necessary follow up action. For the period from 22 /8/06 to 12/6/09, when the Deputy Secretary to the Government of Assam, Home (C) Department wanted to know the present status of the appeal, there is no explana tion whatsoever. In the considered opinion of the Court, the averments made do not satisfy the r equirement of sufficient cause which enables a Court to condone the delay. In the result, this application for condonation of delay is dismissed. Misc Case stands disposed of.