The Oriental Insurance Co. Ltd vs Musstt. Malecha Khatoon And 4 Ors
2021 Latest Caselaw 3286 Gua

                                                                        Page No.# 1/3

GAHC010203942019




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Civil)/3793/2019

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUR, ASSAM



         VERSUS

         MUSSTT. MALECHA KHATOON AND 4 ORS
         W/O LT. IDRISH ALI, R/O VILL. NO. 3, IKRABARI, P.S. ROWTA, DIST.
         UDALGURI BTAD, ASSAM, PIN-784514

         2:NUR HUSSAIN
          S/O LT. IDRISH ALI
          R/O VILL. NO. 3
          IKRABARI
          P.S. ROWTA
          DIST. UDALGURI BTAD
         ASSAM
          PIN-784514

         3:KHURSHIDA BEGUM
          D/O LT. IDRISH ALI
          R/O VILL. NO. 3
          IKRABARI
          P.S. ROWTA
          DIST. UDALGURI BTAD
         ASSAM
          PIN-784514

         4:FARIDA BEGUM
          D/O LT. IDRISH ALI
          R/O VILL. NO. 3
          IKRABARI
                                                                                 Page No.# 2/3

             P.S. ROWTA
             DIST. UDALGURI BTAD
             ASSAM
             PIN-784514

            5:NOBI HUSSAIN
             S/O LT. IDRISH ALI
             R/O VILL. NO. 3
             IKRABARI
             P.S. ROWTA
             DIST. UDALGURI BTAD
            ASSAM
             PIN-784514 (RESPONDENT NO. 3 TO 5 ARE MINORS BEING REP. BY THEIR
            MOTHER
             MUSSTT. MALECHA KHATOON AS RESPONDENT NO. 1

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR D MONDAL




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 03-12-2021

Heard Mr. S.K. Goswami, the leaned counsel for the applicant. Also heard Mr. T. Islam the leaned counsel for the respondents.

This is an application u/s 5 of the Limitation Act 1963 and also u/s 173 of the Motor Vehicle Act 1988 for condonation of delay of 204 days in preferring the connected MAC appeal, directed against the order dated 01.11.2018, passed by the Motor Accident Claims Tribunal No. 1 Kamrup (M) in MAC Case No. 153/2016.

The reason for delay of 204 days in preferring the connected appeal has been stated to be on account of the fact that the applicant Insurance Company was unaware of the judgment and award dated 01.11.2018, passed by the MAC Tribunal No. 1 in MAC Case No. 153/2016 until 26.06.2019 as the aforesaid judgment and award was passed ex-parte against the Company by the Tribunal after taking presumption regarding the service of notice on the applicant Insurance Company vide order dated Page No.# 3/3

23.03.2017.

Mr. T. Islam, the learned counsel for the respondent submits that he has no objection if the delay of 204 days is condoned.

Upon hearing the learned counsels for the parties and considering the explanation provided by the learned counsel for the applicant as indicated herein above that the applicant Insurance Company was unaware of the judgment and award passed by the Tribunal until 26.06.2019 and the said judgment and award was passed ex-parte against the applicant Insurance Company after taking presumption regarding service of notice I am of the view that the delay of 204 days in preferring the connected appeal may be condoned.

Accordingly, the delay of 204 days in procuring the connected MAC Appeal No. 1153/2016 is hereby condoned in the interest of justice.

The I.A stands allowed and disposed of.

As prayed for by the learned counsel for the parties the Registry shall now register the connected appeal and list it before the next Lok Adalat i.e on 11.12.2021.

JUDGE

Comparing Assistant