Gauhati High Court
Oriental Insurance Co. Ltd vs Smt Moina Senarpi And 7 Ors on 19 January, 2021
Page No.# 1/4
GAHC010285782018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4366/2018
ORIENTAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7,
REPRESENTED BY THE REGIONAL MANAGER
VERSUS
SMT MOINA SENARPI AND 7 ORS
W/O LATE BABU TISSO, R/O VILL. LATASING TISSO GAON, P.O.
TENDRALANGSO, P.S. BAITHALANGSO, DIST. KARBI ANGLONG, ASSAM,
PIN
2:GRUPSON TISSO
S/O THE DECEASED
R/O VILL. LATASING TISSO GAON
P.O. TENDRALANGSO
P.S. BAITHALANGSO
DIST. KARBI ANGLONG
ASSAM
PIN
3:ROBARTSON TISSO
S/O OF THE DECEASED
R/O VILL. LATASING TISSO GAON
P.O. TENDRALANGSO
P.S. BAITHALANGSO
DIST. KARBI ANGLONG
ASSAM
PIN
4:MISS JIMIR TISSOPI
D/O THE DECEASED
Page No.# 2/4
R/O VILL. LATASING TISSO GAON
P.O. TENDRALANGSO
P.S. BAITHALANGSO
DIST. KARBI ANGLONG
ASSAM
PIN
5:SMTI MEKRI ENGTIPI
MOTHE OF THE DECEASED
R/O VILL. LATASING TISSO GAON
P.O. TENDRALANGSO
P.S. BAITHALANGSO
DIST. KARBI ANGLONG
ASSAM
PIN
6:MISS BASAPI TISSOPI
D/O THE DECEASED
R/O VILL. LATASING TISSO GAON
P.O. TENDRALANGSO
P.S. BAITHALANGSO
DIST. KARBI ANGLONG
ASSAM
PIN
7:DEBEN CH. DAS
S/O LATE BALI RAM DAS
VILL. KAMARKUCHI
P.O. TEPESIA
P.S. KHETRI
DIST. KAMRUP
ASSAM
PIN (OWNER OF THE OFFENDING MARUTI ALTO)
8:BIPUL KATHAR
S/O SATYA RAM KATHAR
VILL. KAMARKUCHI
TEPESIA
P.S.SONAPUR
DIST. KAMRUP
ASSAM
PIN (DRIVER OF THE OFFENDING MARUTI ALTO
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent : MR H C DAS
Page No.# 3/4
Linked Case :
ORIENTAL INSURANCE CO. LTD
VERSUS
SMT MOINA SENARPI AND 7 ORS
------------
Advocate for :
Advocate for : appearing for SMT MOINA SENARPI AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
19.01.2021
Heard Ms. M. Choudhury, learned counsel for the applicant. Also heard Mr. K. K.
Parasar, learned CGC for the respondents No. 1 to 6 as well as Mr. H. C. Das, learned
counsel for the respondent No.8.
Office Note dated 09.12.2020 indicates that the respondent No.7 has also been
duly served.
This is an application under Section 5 of the Limitation Act, 1963 read with
Section 173 (1) Proviso of Motor Vehicle Act, 1988 (as amended) for condonation of
delay of 37 days in preferring the connected MAC appeal, which has been directed
against the judgment & award dated 17.07.2018, passed in MAC Case No.2090/2015,
by the learned Member, MACT No.2, Kamrup (M), Guwahati.
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The reason for delay of 37 days in preferring the connected MAC appeal has
been explained by the applicant in paragraph-3 of the accompanying application, which
has been duly perused.
Learned counsels appearing for the respondents No. 1 to 6 and 8, respectively
have also no objection, if the delay is condoned.
On consideration of the matter in its entirety and on perusal of the explanation
provided in paragraph-3 of the accompanying application, I am satisfied that the
applicant was prevented by sufficient cause in not preferring the connected appeal
within the stipulated period.
In view of the above, delay of 37 days in preferring the connected appeal is
hereby condoned.
The I.A stands disposed of.
The connected MAC appeal be registered accordingly and list it for Admission.
JUDGE
Comparing Assistant
