Page No.# 1/2
GAHC010290142019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1034/2020
FAHAD TEHSIN
S/O LT. MUKTAR RAHMAN, R/O AMOLAPATTY B.M. ROAD, P.O. NAGAON,
P.S NAGAON, SADAR, DIST. NAGAON, ASSAM, PIN-782001
VERSUS
MD. ABU HANIF AND ANR
S/O LT. MAQBAL HUSSAIN, R/O SHANKARDEB PATH, HAIBARGAON, P.S.
NAGAON SADAR, DIST. NAGAON, ASSAM, PIN-782002
2:NATIONAL INSURANCE CO. LTD.
REP. BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
G.S. ROAD
BHANGAGARH
GUWAHATI-
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MR. K K BHATTA
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 27.01.2021 Heard Mr. M. Talukdar, learned counsel for the applicant and Ms. L. Sharma, learned counsel for the respondent No.2.
Page No.# 2/2 Office Note dated 07.01.2021, indicates that the respondent No.1 has been duly served.
This is an application under Second Proviso to Section 173(1) of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of delay of 21 days in preferring the connected MAC appeal, which has been directed against the judgment & award dated 03.08.202019, passed in MAC Case No.573/2016, by the learned Member, MACT, Nagaon.
At the outset, Ms. Sharma, learned counsel representing the respondent No.2 submits that she has no objection, if the delay of 21 days in filing the connected appeal is condoned by this Court.
The reason for delay of 21 days in preferring the connected MAC appeal has been stated to be on account of grievous injury sustained because of the accident the applicant met with.
Upon hearing the learned counsels for the contesting parties and on perusal of the explanation provided in the accompanying application, I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated period.
In view of the above, delay of 21 days in preferring the connected appeal is hereby condoned.
The I.A stands allowed and disposed of.
Office to register the connected MAC appeal and listed it for Admission.
JUDGE Comparing Assistant