Gauhati High Court
National Insurance Co. Ltd vs Md. Elas Uddin And 3 Ors on 19 April, 2021
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GAHC010095122015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/1160/2015
NATIONAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATA AND ONE OF THE REGIONAL OFICES KNOWN AS GUWAHATI
REGIONAL OFFICE
G.S. ROAD
BHANGAGARH
GUWAHATI 781005
KAMRUP ASSAM AND ONE OF THE BRANCH OFFICE AT NAGAON ASSAM
VERSUS
MD. ELAS UDDIN and 3 ORS
S/O TALEB ALI
R/O VILL. DHING BARI PATHER
P.S.JURIA
DIST. NAGAON
ASSAM.
2:MD. NAZRUL ISLAM
S/O SURAJ ALI
R/O SUTARGAON
P.S. DHING
DIST. NAGAON
ASSAM
3:THE NEW INDIA ASSURANCE CO. LTD.
NAGAON BRANCH
NAGAON ASSAM
J.M. ROAD
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NAGAON
ASSAM.
4:SMT. BALWINDER KOUR
W/O LATE UJAGAR SINGH
R/O THANGAL BAZAR IMPHAL
P.S. THANGAL
DIST. IMPAHL MANIPUR
------------
Advocate for : MS.P HUJURI
Advocate for : MR.B P BORAHR-1 appearing for MD. ELAS UDDIN and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 19-04-2021
Heard Ms. R. Gangawat, learned counsel for the applicant and Mr. K. K. Bhatta,
learned counsel for the respondent No.3.
None appears for the respondents No.1 and 2, though the names of Mr. Raj
Barbhuiyan and Mr. F. K. R. Ahmed, learned counsels for the respondents No.1 and 2
respectively are shown in the Cause list.
In terms of the order of this Court dated 02.12.2020, the applicant has filed affidavits
dated 11.02.2021 and 10.03.2021 enclosing the newspaper publication made in "the Sangai
Express", which is a newspaper widely circulated in the State of Manipur and in the "Assam
Tribune" a newspaper widely circulated in the State of Assam as substituted mode of service
of notice on respondent No.4.
In view of the above, notice on respondent No.4 is deemed to have been served.
This is an application filed under Second Proviso to Section 173(1) of the Motor
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Vehicles Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of delay of
30 days in preferring the connected MAC appeal, which has been directed against the
judgment and award dated 15.11.2014, passed by the learned Member, MACT, Nagaon in
MAC Case No.374/2007, awarding a sum of Rs.49,234/-(Rupees Forty Nine Thousand two
hundred and thirty four only) in favour of the opposite party No.1/claimant.
The applicant has explained the cause of delay of 30 days in preferring the connected
MAC appeal in Paragraph Nos.5 to 8 of the accompanying application, wherein the delay
caused has been attributed to the official communication made between the Branch office at
Nagaon and Divisional office at Tezpur. On perusal of the explanations provided in the present
application, I am satisfied that the applicant was prevented by a sufficient cause in not
preferring the connected appeal within the stipulated period.
Accordingly, delay of 30 days in preferring the connected appeal is hereby condoned.
The Registry shall register the connected MAC appeal and list it for Admission hearing
after 2(two) weeks.
The I.A stands allowed and disposed of.
JUDGE
Comparing Assistant
