Oriental Insurance Company ... vs Bhanima Das And 6 Ors
2021 Latest Caselaw 221 Gua

                                                                Page No.# 1/4

GAHC010120562019




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

                        Case No. : I.A.(Civil)/2298/2019

         ORIENTAL INSURANCE COMPANY LIMITED
         HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD ULUBARI,
         GUWAHATI- 781007, REP. BY THE REGIONAL MANAGER, GAUHATI
         REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.



         VERSUS

         BHANIMA DAS AND 6 ORS.
         W/O- LATE PRABIN KR. DAS, R/O- VILL.- PHEURAKHOWA, MOUZA-
         DAMAKA CHAKA BAUSI, P.O. BHULUKADOBA, P.S. SORBHOG, DIST.-
         BARPETA, ASSAM, PIN- 781317.

         2:BHITALI DAS
          D/O- LATE PRABIN KR. DAS
          R/O- VILL.- PHEURAKHOWA
          MOUZA- DAMAKA CHAKA BAUSI
          P.O. BHULUKADOBA
          P.S. SORBHOG
          DIST.- BARPETA
         ASSAM
          PIN- 781317.

         3:PAYAL DAS
          D/O- LATE PRABIN KR. DAS
          R/O- VILL.- PHEURAKHOWA
          MOUZA- DAMAKA CHAKA BAUSI
          P.O. BHULUKADOBA
          P.S. SORBHOG
          DIST.- BARPETA
         ASSAM
          PIN- 781317.
                                                                         Page No.# 2/4

            4:SIDDHESWARI DAS
            W/O- LATE NILORAM DAS
             R/O- VILL.- PHEURAKHOWA
             MOUZA- DAMAKA CHAKA BAUSI
             P.O. BHULUKADOBA
             P.S. SORBHOG
             DIST.- BARPETA
            ASSAM
             PIN- 781317.

            5:JAGANNATH DAS
             S/O- LATE NILORAM DAS

            (OPPOSITE PARTY NO. 2 AND 3 ARE REP. BY OPP. PARTY NO. 1)

            R/O- VILL.- PHEURAKHOWA
            MOUZA- DAMAKA CHAKA BAUSI
            P.O. BHULUKADOBA
            P.S. SORBHOG
            DIST.- BARPETA
            ASSAM
            PIN- 781317.

            7:LAXMAN MAZUMDAR (OWNER)
             S/O- AJIT KR. MAZUMDAR
             R/O- WARD NO. 1
             SUBHAS NAGAR
             P.S. AND P.O.- BASUGAON
             DIST.- CHIRANG
             BTAD
            ASSAM
             PIN- 783372

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. D NANDI
                                                                                   Page No.# 3/4

                                        BEFORE
                            HONOURABLE MR. JUSTICE NANI TAGIA

                                             ORDER

Date : 25.01.2021

Heard Ms. C. Mozumdar, learned counsel for the applicant.

None appears for the respondents, though the names of the learned

counsels representing the respondents have been shown in the Cause

list.

This is an application under Second Proviso to Section 173 of the

Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, for

condonation of delay of 88 days in preferring the connected MAC appeal,

which has been directed against the judgment & award dated

27.11.2018, passed in MAC Case No.79/2018, by the learned Member,

MACT, Barpeta.

The reason for delay of 88 days in preferring the connected MAC appeal

has been explained to be the late communication by the counsel for the

appellant about the judgment & award passed by the learned Tribunal,

which has been explained in paragraph Nos. 3 to 7 of the accompanying

application.

Upon hearing the learned counsel for the applicant and on perusal

of the explanation provided in paragraph Nos. 3 to 7 of the

accompanying application, I am satisfied that the applicant was

prevented by a sufficient cause in not preferring the connected appeal

within the stipulated period.

Page No.# 4/4

In view of the above, delay of 88 days in preferring the connected appeal is hereby condoned.

The I.A stands allowed and disposed of.

Let the connected MAC appeal be registered and listed it for

Admission after 2(two) weeks.

JUDGE

Comparing Assistant