United India Isurance Co. Ltd vs Tohiron Bibi And 6 Ors
2021 Latest Caselaw 222 Gua

                                                              Page No.# 1/4

GAHC010080202018




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

                         Case No. : I.A.(Civil)/2284/2017


         UNITED INDIA ISURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD GUWAHATI
         ASSAM.


          VERSUS

         TOHIRON BIBI and 6 ORS

         W/O SAMSUL HOQUE
         R/O VILL. GOKULPUR NAKKATI
         P.O. PIAZBARI
         P.S. SUKCHAR
         DIST. DHUBRI
         ASSAM-783128

         2:MD.SAMSUL HOQUE
         R/O.VILL. GOKULPUR (NAKKATI)
         P.O.PIAZBARI
         P.S.SUKCHAR
          DIST. DHUBRI
         ASSAM-783128. RESPONDENT-7
          3:SRI GOPAL SAHA
         S/O SRI DAM SAHA
          R/O BISHNUNAGAR
          GOALPARA
          2 NO. COLONY
          DIST
          P.O AND P.S- GOALPARA
         ASSAM
          783101
          4:NURUL ALI
         S/O NUR ALI
                                                                              Page No.# 2/4

           R/O VILL- BAGHMARA
           P.O- KUCHNIMARA
           P.S- MANKACHAR
           DIST- DHUBRI
           ASSAM
           783131
           5:NISHER AHMED
           S/O ROFIQUE
           R/O VILL- BILOSHPUR
           MOHOJJOLA NAGAR KAMMRE
           P.O AND P.S- KAMRE
           UTTAR PRADESH
           244921
           6:ABDUL RASHID
           S/O ABDUL WAHID
           R/O VILL DARJEECHOWK
           P.O AND P.S- SISGAR
           DIS- BORELI
           UTTAR PRADESH
           243003
           7:M/S NATIONAL INSURANCE CO. LTD
           REPRESENTED BY THE CHIEF REGIONAL MANAGER GUWAHATI
           REGIONAL OFFICE
           GUWAHATI
           G.S. ROAD
           BHANGAGARH
           GUWAHATI
           ASSAM-781005
           ------------
           Advocate for : MS.L SHARMA
           Advocate for : MR. R ALI appearing for TOHIRON BIBI and 6 ORS




                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 25-01-2021

Heard Ms. L. Sharma, learned counsel for the applicant and Ms. C. Mazumdar, learned counsel for the respondent no. 7.

Office note dated 31.01.2019 indicates that respondent no. 1, 2, 3 & 5 had been duly

served.

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Ms. L. Sharma, learned counsel for the applicant prays for striking off the name of

respondent nos. 4 & 6 from the array of the respondents.

According to the learned counsel, respondent nos. 4 & 6 are not necessary party in this

case.

As prayed for, let the name of respondent nos. 4 & 6 be struck off from the list of

respondents at the risk of the applicant.

Registry shall make necessary correction thereof.

This is an application under section 5 of the Limitation Act read with under Section

173(1) proviso of Motor Vehicle Act 1988 for condonation the delay of 22 days in preferring

the connected appeal which is directed against the judgment and award dated 01.03.2017

passed by the learned Member Motor Accident Claims Tribunal No. 1 Kamrup, Guwahati in

MAC Case No. 192/2012.

The reason for delay of 22 days in preferring the connected MAC Appeal has been

explained in paragraph 5 of the accompanying application. On perusal of the explanation

provided therein; upon hearing the learned counsels appearing for the parties, and also

taking note of the submission made by Ms. C. Mazumdar, learned counsel representing

respondent no. 7 that she has no objection if the delay of 22 days is condoned. I am of the

considered view that the applicant was prevented by a sufficient cause in not preferring the

connected MAC Appeal within the stipulated time. Accordingly, delay of 22 days in preferring

connected MAC Appeal is hereby condoned.

Registry shall register the connected MAC Appeal and list it for admission.

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I.A. stands disposed.

JUDGE

Comparing Assistant