MC 3356/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Gupta, learned counsel for the applicant, Mr. Dutta, learned c ounsel appearing for the respondent No.1 and Mr. Das, learned counsel appearing for the respondent No.4. Other respondent have not entered appearance despite se rvice. The applicant, who is the claimant by the present application is seeking condonation of delay of 13 days in filing the appeal under Section 173 of the M otor Vehicles Act, 1988 challenging the award dated 09.04.2009 passed by the lea rned Tribunal in MAC Case No.57/2005. According to the applicant the delay was c aused due to his ill health for which he could not come to Guwahati to handover all the required documents to the learned counsel for filing the appeal. No affi davit-in-opposition has been filed controverting the averments made by the appli cant in the application. Having heard the learned counsel for the parties and upon perusal of the averments made in the application seeking condonation of delay, I am of the vie w that the applicant was prevented by sufficient cause in not preferring the app eal in time. Hence the delay of 13 days occurred in filing the appeal is condoned. Misc. case stands allowed.