MC 909/2009 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Dutta, the learned counsel for the applicant as well as Mr. Pathak, th e learned counsel appearing for the respondent No.1 and Mr. Deka, the learned co unsel appearing for the respondent No.2. The applicant by the present applicant is praying for condonation of delay of 41 days in preferring the appeal against the award dated 30th June, 2008 passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No.9 6/2005 on the ground stated in the application. Having heard the learned counsel for the parties and upon perusal of the avermen ts made in the application seeking condonation of delay as well as the affidavit -in-opposition filed by the respondents, I am of the view that the applicant was prevented by sufficient cause in not preferring the appeal in time. Moreover, an appeal being MAC No.20/2009, against which the award passed by the learned Tribunal arising out of the same accident has already been admitted for hearing. In view of the aforesaid position, the delay occurred in filing the appeal is co ndoned. Misc. Case stands allowed.