Gauhati High Court
National Insurance Company ... vs Mst. Tohiron Bibi And 6 Ors on 25 January, 2021
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GAHC010080202018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1378/2018
NATIONAL INSURANCE COMPANY LIMITED
(SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
REGISTERED HEAD OFFICE AT 3 ,MIDDLETON STREET, CALCUTTA -700071
REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI REGIONAL
OFFICE , BHANGAGARH, GUWAHATI -781005.
VERSUS
MST. TOHIRON BIBI AND 6 ORS
W/O SAMSUL HOQUE
2:MD SAMSUL HOQUE
BOTH ARE RESIDENT OF VILLAGE GOKULPUR (NAKKATI) P.O. PIAZBARI
P.S. SUKCHAR
DIST. DHUBRI
ASSAM PIN 783128
3:SRI GOPAL SAHA
S/O SRI DAM SAHA
R/O VILLAGE BISHNUNAGAR 2 NO COLONY P.O.P.S. AND DIST.
GOALPARA
ASSAM PIN 783101 (OWNER)
4:MD NURUL ALI
S/O NUR ALI R/O VILLAGE BAGHMARA P.O. KUCHNIMARA P.S.
MANKACHAR DIST. DHUBRI
ASSAM PIN 783131 (DRIVER)
5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO .LTD
GAUHARI REGIONAL OFFICE G.S. ROAD
CHRISTIANBASTI
GUWAHATI
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KAMRUP(M)
ASSAM PIN -781005
6:NISHER AHMED
S/O ROFIQUE VILLAGE BILOSPUR.
MOHOJJOLA NAGAR KAMMRE
P.O. AND P.S. KAMRE
UTTAR PRADESH
INDIA PIN 244921
7:ABDUL WAHID
S/O ABDUL WAHID
VILLAGE- DARJEECHOWK
P.O.AND P.S. SISGAR
DIST. BORELI
UTTER PRADESH
INDIA PIN -24300
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. R ALI
Linked Case : MACApp./311/2018
NATIONAL INSURANCE COMPANY LIMITED
(SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA -700071 REPRESENTED BY THE ASSISTANT MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI -781005.
VERSUS
MST TOHIRON BIBI AND 6 ORS
W/O SAMSUL HOQUE
2:MD SAMSUL HOQUE
BOTH ARE RESIDENT OF
VILLAGE GOKULPUR (NAKKATI)
P.O. PIAZBARI
Page No.# 3/5
P.S. SUKCHAR
DIST. DHUBRI
ASSAM
PIN 783128
3:SRI GOPAL SAHA
S/O SRI DAM SAHA
R/O VILLAGE BISHNUNAGAR
2 NO COLONY P.O.P.S. AND DIST. GOALPARA
ASSAM PIN 783101 (OWNER)
4:MD NURUL ALI
S/O NUR ALI R/O VILLAGE BAGHMARA
P.O. KUCHNIMARA P.S. MANKACHAR
DIST. DHUBRI
ASSAM PIN 783131 (DRIVER)
5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD
GAUHARI REGIONAL OFFICE G.S. ROAD
CHRISTIANBASTI
GUWAHATI
KAMRUP(M)
ASSAM PIN -781005
6:NISHER AHMED
S/O ROFIQUE
VILLAGE BILOSPUR.
MOHOJJOLA NAGAR KAMMRE
P.O. AND P.S. KAMRE
UTTAR PRADESH
INDIA PIN 244921
7:ABDUL RASHID
S/O ABDUL WAHID
VILLAGE- DARJEECHOWK
P.O.AND P.S. SISGAR
DIST. BORELI
UTTER PRADESH
INDIA PIN -243003
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. R ALI appearing for MST TOHIRON BIBI AND 6 ORS
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BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 25-01-2021
Heard Ms. C. Mazumdar, learned counsel for the applicant. None appears for the
respondent nos. 1 & 2, though, the name of Mr. R. Ali, learned counsel and his associate
advocates has been shown in the cause list.
Office note dated 07.03.2019 indicates that respondent no. 3 & 5 had been duly served.
Ms. C. Mazumdar, learned counsel for the applicant prays for striking off the name of
respondent nos. 4, 6 & 7 from the array of the respondents on the ground that the connected
MAC Appeal is in respect of the quantum of the compensation awarded by learned Tribunal
and the respondent nos. 4, 6 & 7 being the driver and the owner of the offending vehicles
would not be necessary party in this case.
As prayed for, let the name of respondent nos. 4, 6 & 7 be struck off from the array of
respondents at the risk of the applicant/appellant.
Registry shall make necessary correction thereof.
This is an application under second proviso to Section 173 of Motor Vehicle Act read
with Section 5 of the Indian Limitation Act, 1963, praying for condonation of the delay of 296
days in preferring the connected MAC Appeal No. 311/2018, which is directed against the
judgment and award dated 01.03.2017 passed by learned Member Motor Accident Claims
Tribunal No. 1 Kamrup, Guwahati in MAC Case No. 192/2012.
The reason for delay of 296 days in preferring the connected MAC Appeal is stated to be
on account of different legal opinion rendered by different sets of lawyers to the Insurance
Company which resulted in delay in processing the file to enable the applicants to prefer the
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connected MAC Appeal.
The explanation to that effect has been stand given in paragraphs 3 to 9 of the
accompanying application.
Upon hearing the learned counsel for the applicant and on perusal of the explanation
provided in the accompanying application, I am satisfied that the delay of 296 days in
preferring the connected MAC Appeal was not due to the negligence on the part of the
applicant. Accordingly, 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 and
accordingly delay of 296 days in preferring connected MAC Appeal is hereby condoned.
I.A. stands disposed.
JUDGE
Comparing Assistant
