Rafiqul Islam vs M/S United India Insurance Co. Ltd
2021 Latest Caselaw 3436 Gua

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GAHC010241542019




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

                                Case No. : I.A.(Civil)/3252/2019

            RAFIQUL ISLAM
            S/O- KURPAN ALI, R/O- VILL.- PUB JOGIRPAM, P.S. BARPETA, DIST.-
            BARPETA, ASSAM, PIN- 781301.



            VERSUS

            M/S UNITED INDIA INSURANCE CO. LTD.,
            DIVISIONAL OFFICE AT BARPETA ROAD, P.S. BARPETA ROAD, DIST.-
            BARPETA, ASSAM, PIN- 781315.



Advocate for the Petitioner   : MR. S AHMED

Advocate for the Respondent : MR. R C PAUL




             Linked Case :

            RAFIQUL ISLAM



             VERSUS

            M/S UNITED INDIA INSURANCE CO. LTD
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             ------------

Advocate for :

Advocate for : appearing for M/S UNITED INDIA INSURANCE CO. LTD

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

13.12.2021

Heard Mr. S. Ahmed, learned counsel for the petitioner as well as Mr. R.C. Paul, learned counsel for the respondent No. 1/Insurance Company.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of the delay of 286 days in filing appeal against the judgment and award dated 12.06.2018 in MAC Case No. 499/2014, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta.

The counsel for the petitioner submits that the petitioner is a Mason and to earn his livelihood alongwith his family temporarily resides at Delhi and as such he had no information about the Judgment and Award passed on 12.06.2018. He further submits that the counsel who was appearing before the Tribunal had also not intimated about the judgment and award to him. It was only in the month of March, 2019 when the petitioner had come to his native place he could come to learn about the judgment and award dated 12.06.2018 and thereupon, he immediately took steps by obtaining the certified copy and approach the counsel at Guwahati for filing an appeal. In that regard, there has been a delay of 286 days for filing the appeal.

Mr. R.C. Paul, learned counsel appearing for the respondent No. 1 have objected to the condonation of the delay on the ground that the grounds which have been mentioned in the application are illusionary and fabricated and in that regard, he has filed an objection against the said application.

I have taken note of the application and more particularly, the contents of the paragraph No. 5 and the objection filed there against. Further to that taking into Page No.# 3/3

consideration the grounds assigned, I am of the opinion that there is 'sufficient cause' within the meaning of Section 5 of the Limitation Act, 1963 in condoning the delay inasmuch as the appellant could come to learn about the award when he came to his native place and thereupon he had diligently taken steps. Accordingly, the delay stands condoned.

I.A. stands disposed of.

Registry is directed to register the main appeal and listed for admission in due course.

JUDGE

Comparing Assistant