Gauhati High Court
Md. Kasim Ali vs Md. Rozan Ali And 2 Ors on 23 April, 2021
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GAHC010257002019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3888/2019
MD. KASIM ALI
S/O- LATE INTAB ALI, R/O- HOJAI MAIN ROAD, P.S- HOJAI, DIST- HOJAI,
ASSAM, PIN- 782435, TEMPORARY ADDRESS VILL AND P.O- NELLIE, P.S-
JAGIROAD, DIST- MORIGAON, ASSAM, PIN-
VERSUS
MD. ROZAN ALI AND 2 ORS
S/O- MD. AMIN QURASHI, VILL AZANPUR COLONY, SARABHATAI ROAD,
P.O, P.S AND DIST- TINSUKIA, ASSAM, PIN- 786125
2:ORIENTAL INSURANCE CO LTD
REP. BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
ULUBARI
GUWAHATI- 07
3:MR. ASHIT DAS
S/O- PARESH DAS
R/O- R N THAKUR ROAD
P.O AND P.S- HOJAI
DIST- HOJAI
ASSAM
PIN- 78243
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MS M BHARATI
BEFORE
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HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 23-04-2021
Heard Mr. M. Talukdar, learned counsel for the applicant and Mr. R. C. Paul, learned
counsel for the respondent No. 2.
None appears for the respondent No. 1, though the names of Mr. S. Islam and Mr. A
Hawari, learned counsels representing respondent No.1 have been shown in the Cause list.
Office Note dated 09.04.2021 indicates that A/d card in respect of respondent No.3 has
been received back. Notice on respondent No.3 therefore, is deemed to be complete.
This is an application filed under Second proviso to Section 173(1) of the Motor Vehicle
Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of delay of 132
days in filing the connected MAC appeal, which has been directed against the judgment and
award dated 05.01.2019, passed by the learned Member, MACT, Morigaon in MAC Case
No.67/2010.
The delay of 132 days in filing the connected MAC appeal have been explained by the
applicant in paragraph Nos. 3 and 4 of the accompanying application, wherein it has been
stated that the applicant had sustained grievous injury due to motor vehicular accident, as a
result of which, the applicant had to undergo medical treatment for considerable period of
time. Resultantly, the delay of 132 days in filing the connected MAC appeal had occurred in
the meanwhile.
Mr. Paul, learned counsel appearing for the respondent No.2 submits that he has no
objection, if the delay of 132 days in filing the connected MAC appeal by the applicant is
condoned.
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Having heard the learned counsels appearing for the applicant and respondent No.2
and on consideration of the explanations provided by the applicant as indicated above, I am
of the view that the applicant was prevented by a sufficient cause in not filing the connected
MAC appeal within the stipulated time.
Accordingly, delay of 132 days in filing the connected MAC appeal is hereby condoned.
Registry shall register the connected MAC appeal and list it for Admission hearing after
2(two) weeks, by showing the names of Mr. S. Islam and Mr. A Hawari, as the learned
counsels representing respondent No. 1 and Mr. R. C. Paul, as the learned counsel
representing respondent No. 2, in the Cause list.
The I.A. stands allowed and disposed of.
JUDGE
Comparing Assistant
