Gauhati High Court
Sri Shahidul Islam vs The Oriental Insurance Co. Ltd. ... on 23 April, 2021
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GAHC010103572019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1619/2019
SRI SHAHIDUL ISLAM
S/O- HASMAT ALI, R/O- VILL.- TAPESWARA, P.S. KALGACHIA, DIST.-
BARPETA, ASSAM.
VERSUS
THE ORIENTAL INSURANCE CO. LTD. AND 2 ORS.
BARPETA ROAD BRANCH, TO BE REP. BY THE DIVISIONAL MANAGER,
DIVISIONAL OFFICE, BONGAIGAON, DIST.- BONGAIGAON, ASSAM, PIN-
783390. (INSURER OF THE VEHICLE NO. AS-15-C-4456 (PICK-UP VAN).
2:SRI MD. JIAUR RAHMAN
S/O- ABU SHARMA. R/O- VILL.- HATCHARA
P.S. BAGHBAR
P.O. CHANDMAMA
DIST.- BARPETA
ASSAM
PIN- 781321. (OWNER OF THE VEHICLE NO. AS-15-C-4456 (PIK-UP VAN).
3:SRI ABDUL WAHAB
S/O- KADDUS ALI
R/O- VILL.- HATCHARA
P.S. BAGHBAR
P.O. CHANDMAMA
DIST.- BARPETA
ASSAM
PIN- 781321. (DRIVER OF THE VEHICLE NO. AS-15-C-4456 (PICK-UP VAN)
Advocate for the Petitioner : MR. P K DEKA
Advocate for the Respondent : MR. A M KHAN
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 23-04-2021
Heard Mr. M. A. Alam, learned counsel for the applicant and Ms. M. Choudhury,
learned counsel for the opposite party No.1.
None appears for the opposite party Nos.2 & 3, though the name of Mr. A. M. Khan,
learned counsel representing the opposite party Nos.2 & 3 have been shown in the Cause list.
This is an application filed under Section 5 of the Limitation Act, 1963 for condonation
of delay of 141 days in filing the connected MAC appeal, which has been directed against the
judgment and award dated 04.07.2018, passed by the learned Member, MACT, Barpeta in
MAC Case No.331/2015.
The delay of 141 days in filing the connected MAC appeal has been explained by the
applicant in paragraph No.3 of the accompanying application, wherein it has been stated that
the applicant/appellant could not file the connected MAC appeal within the stipulated time
due to acute financial constraint faced by the applicant/appellant.
Ms. Choudhury, learned counsel for the opposite party No.1 has contended that in the
absence of any supporting evidence on record, mere statement made by the applicant to be
suffering from acute financial hardship cannot be accepted by this Court.
I have heard the learned counsels for the contesting parties and perused the materials
available on record.
Though, there may be a substance in the contention of Ms. Choudhury, learned
counsel for the opposite party No.1, that in the absence of any supporting evidence on
record, the mere statement of the applicant made in the application that the applicant was
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suffering from acute financial hardship which caused the delay in filing the connected appeal
within the stipulated time should not be accepted; yet, there still is a probability that the
applicant was indeed in an acute financial hardship at the time when the Appeal, in question,
was required to be filed within the period stipulated.
In view of the above and on consideration of the matter in its entirety, I am of the
considered view, this application for condonation of delay of 141 days in filing the connected
MAC appeal deserves to be condoned and the same is accordingly, hereby condoned.
Registry shall register the connected MAC appeal and list it for Admission hearing after
2(two) weeks, by showing the name of Ms. M. Choudhury, learned counsel representing
respondent No.1 in the Cause list.
The I.A. stands allowed and disposed of.
JUDGE
Comparing Assistant
