The Bharati Axa General Insurance ... vs Smti. Dhiraji Devi And 2 Ors
2021 Latest Caselaw 608 Gua

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GAHC010162042019




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

                               Case No. : I.A.(Civil)/2460/2019

            THE BHARATI AXA GENERAL INSURANCE COMPANY LTD.
            HAVING ITS HEAD OFFICE AT 3RD FLOOR, SPECTRUM TOWERS, B WING,
            MALAD LINK ROAD, MALAD (WEST), MUMBAI- 400064 AND ITS
            REGIONAL OFFICE AT EMAMI MARKET, 4TH FLOOR, 3 LORD SINHA
            ROAD, KOLKATA- 700071.



            VERSUS

            SMTI. DHIRAJI DEVI AND 2 ORS.
            W/O- SRI SITA RAM MAHATO, R/O- VILL.- PALASHBARI, WARD NO. 8, P.O.
            AND P.S. PALASHBARI, DIST.- KAMRUP, ASSAM, PIN- 781128.

            2:SRI BHADRESWAR DAS
             S/O- LATE DEBO RAM DAS
             R/O- VILL.- PARLY
             P.S. PALASHBARI
             DIST.- KAMRUP
            ASSAM
             PIN- 781128. (OWNER OF MOTOR CYCLE NO. AS-01/AU-1136).

            3:SRI RINKU DAS
             S/O- SRI BHADRESWAR DAS
             R/O- VILL.- PARLY
             P.S. PALASHBARI
             DIST.- KAMRUP
            ASSAM
             PIN- 781128. (RIDER OF MOTOR CYCLE NO. AS-01/AU-1136)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. N N JHA
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           Linked Case :

           THE BHARATI AXA GENERAL INSURANCE COMPANY LTD



            VERSUS

           SMTI DHIRAJI DEVI AND 2 ORS

           ------------
            Advocate for :
           Advocate for : appearing for SMTI DHIRAJI DEVI AND 2 ORS



                                   BEFORE
                    HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 22-02-2021

Heard Ms. P. Borthakur, learned counsel for the applicant/Insurance Company. Also heard Ms. M. Sahu, learned counsel who appears on behalf of respondent No. 1.

None appears for the respondent Nos. 2 and 3 although office note reflects that service has been duly completed.

This application has been filed by the Insurance Company under Section 5 of the Limitation Act, 1963 read with proviso to Section 173 of the Motor Vehicles Act, 1988, as amended, seeking condonation of delay of 9(nine) days that has occurred in filing the appeal against the Judgment and Award dated 03.11.2018, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 2094/2013.

The learned counsel appearing for the opposite parties fairly submits that there is no objection in respect of condonation of delay of 9(nine) days.

Having heard the learned counsel for the applicant on the grounds urged for Page No.# 3/3

seeking condonation of delay and upon being satisfied on the grounds urged for seeking condonation of delay, this I.A. is allowed condoning the delay of 9(nine) days that has occurred in filing the accompanying appeal.

I.A. is accordingly allowed.

The Registry is directed to register the appeal and list accordingly.

JUDGE

Comparing Assistant