MC 3506/2009 BEFORE THE HON’BLE MR.JUSTICE UB SAHA The instant application is filed under Section 5 of the Limitation Act, praying for condoning the delay of 42 days in filing the connected appeal against the j udgment and award dated 7.8.2009 passed by the Motor Accident Claims Tribunal, S ilchar in MAC Case No. 414 of 2007 whereby and whereunder the Tribunal awarded a n amount of Rs.4,57,000/- with 6% to the respondents 1,2 and 3 i.e. the claiman ts in the claim petition before the Tribunal. Heard Mr. A. Ahmed, learned Counsel for the petitioner as well as Mr. H. R.A. Choudhury, learned senior Counsel assisted by Mr. F.U. Borbhuya, learned Co unsel for the respondents 4 and 5. Also heard Mr. P.K. Deka, learned Counsel app earing for the respondents 1,2 and 3. This Court has gone through the reasons stated in the petition for condo ning the delay. It appears from the record that the judgment and award as impugn ed in this appeal has been passed by the Tribunal on 7.8.2009 and the copy of the same has been received by the appellant-petitioner- Insurance Company on 10.8.2009 i.e. only after three days from the date of judgm ent and award. It also appears that the appellant-Insurance company sat over the judgme nt and award and failed to challenge the said judgment and award within the sta tutory period prescribed. More so, the condonation of delay of 42 days as sough t has also not been properly explained. As the delay has not been properly expla ined, there is no other option before this Court except to reject the prayer for condonation of delay in filing the appeal. Accordingly, the prayer for codonation of delay is rejected. C.M. application is accordingly disposed of.