Gauhati High Court
Page No.# 1/4 vs The Reliance General Insurance ... on 23 April, 2021
Page No.# 1/4
GAHC010086432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1355/2019
DEBOJIT KONWAR AND 2 ORS.
S/O- LATE SONESWAR KONWAR,
R/O- BOGORIJENG, PULIBOR, P.O. AND P.S. GOLAGHAT, DIST.- GOLAGHAT,
ASSAM, PIN- 785006.
2: BHOBANI KONWAR
S/O- LATE SONESWAR KONWAR
R/O- BOGORIJENG
PULIBOR
P.O. AND P.S. GOLAGHAT
DIST.- GOLAGHAT
ASSAM
PIN- 785006.
3: DULUMONI PHUKAN
W/O- SONESWAR PHUKAN
R/O- NAOHOLIA
PATHAR GAON
P.O. BORJAN
P.S. AND DIST.- GOLAGHAT
ASSAM
PIN- 785625
VERSUS
THE RELIANCE GENERAL INSURANCE CO. LTD. AND 2 ORS
RELIANCE GENERAL INSURANCE CO. LTD., ANIL PLAZA, 5TH FLOOR,
BESIDES IDBI BANK, G.S. ROAD, GUWAHATI-5. (INSURER OF THE
VEHICLE NO. AS-05-A-3741, 407 TRUCK).
2:SRI BINOD KUMAR AGARWALA
S/O- NAND LAL AGARWALA
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VILL.- BOKIAL GAON
P.O.- LETEKUJAN- 785613
P.S. AND DIST.- GOLAGHAT
(OWNER OF THE VEHICLE NO. AS-05-A-3741
407 TRUCK).
3:SRI NOGEN BORA
S/O- LATE BAPURAM BORA
VILL.- BOKIAL GAON
P.O.- LETEKUJAN- 785613
P.S. AND DIST.- GOLAGHAT. (DRIVER OF THE VEHICLE NO. AS-05-A-3741
407 TRUCK)
Advocate for the Petitioner : MS. S KHANIKAR
Advocate for the Respondent : MR. A J SAIKIA
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 23-04-2021
Heard Ms. P. Baruah, learned counsel for the applicants and Mr. A. J. Saikia,
learned counsel for the respondent No.1.
None appears for the respondents No.2 & 3, though the names of the learned counsels
for the respondents No.2 & 3 have been shown in the Cause list.
This is an application filed under Section 5 of the Limitation Act, 1963 read with
Section 173(1) proviso of the Motor Vehicle Act, 1988(as amended) for condonation of delay
of 145 days in filing the connected MAC appeal, which has been directed against the
judgment and award dated 30.01.2018, passed by the learned Member, MACT, Golaghat in
MAC Case No.64/2011.
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The delay of 145 days in filing the connected MAC appeal has been explained by the
applicants in paragraph No.4 of the accompanying application, wherein it has been stated
that the applicants/appellants could not file the connected MAC appeal within the stipulated
time due to financial constraint of the applicants/appellants.
Opposing the application for condonation of delay of 145 days in filing the connected
MAC appeal, on the ground of financial hardship of the applicants/appellants, the opposite
party No.1 in the affidavit-in-opposition filed has stated that the entire awarded amount
including the interest amounting to Rs.1,05,477/-(Rupees One lakhs Five thousand Four
hundred Seventy seven only) was paid to the applicants pursuant to the judgment and award
dated 30.01.2018, passed by the learned Member, MACT, Golaghat in MAC Case No.64/2011.
Therefore, the opposite party No.1 contends that the contention of the applicants that the
connected MAC appeal could not be preferred within the stipulated time, on the ground of
financial constraint cannot be accepted.
Having heard the learned counsels for the contesting parties and on consideration of
the rival contentions put forth, I am of view that just because an amount of Rs.1,05,477/-
(Rupees One lakhs Five thousand Four hundred Seventy seven only) in pursuance of the
judgment and award dated 30.01.2018, passed by the learned Member, MACT, Golaghat in
MAC Case No.64/2011 was paid to the applicants/appellants, the applicants/appellants could
not have been in a financial constraint, cannot be accepted inasmuch as despite having
received the aforesaid amount, the applicants/appellants could still be in a financial
constraint, for which it is quite possible that the same may have prevented the
applicants/appellants from preferring the connected MAC appeal within the stipulated time.
In that view of the matter, I am of the considered view that the application for
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condonation of delay of 145 days in filing the connected MAC appeal deserves to be allowed
and the same is accordingly, hereby allowed by condoning the delay of 145 days in filing the
connected MAC appeal.
Registry shall register the connected MAC appeal and list it for Admission hearing after
2(two) weeks, by showing the name of Mr. A. J. Saikia, learned counsel representing
respondent No.1 in the Cause list.
The I.A. stands allowed and disposed of.
JUDGE
Comparing Assistant
