M/S Bajaj Allianz General ... vs Md Habibur Rahman
2021 Latest Caselaw 224 Gua

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GAHC010031642018




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

                                Case No. : I.A.(Civil)/479/2018

            M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT GE PLAZA, AIRPORT ROAD,
            YERWADA, PUNE-411006 AND A BRANCH OFFICE AT B. BAROOAH ROAD,
            ULUBARI, GUWAHATI.



            VERSUS

            MD HABIBUR RAHMAN
            R/O VILL. JAGADISHPUR, P.O. JAGADISHPUR, P.S. KATIGORAH, DIST.
            CACHAR, ASSAM.

            2:MD. MUJIBUR RAHMAN
             R/O VILL. JAGADISHPUR
             PRT-V
             P.O. KATIGORAH
             DIST. CACHAR
            ASSAM.

            3:MD. MASUK AHMED BARBHUYA
             R/O VILL. LATHIMARA
             P.O. KATIGORAH
             DIST. CACHAR
            ASSAM

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MR. M TALUKDAR (OP1)
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                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                             ORDER

Date : 25-01-2021

Heard Ms. L. Sharma, learned counsel for the applicant and Mr. D.

Mondal, learned counsel on behalf of Mr. M. Talukdar, learned counsel for

the respondents/appellants.

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 85 days in preferring the

connected MAC appeal, which has been directed against the judgment &

award dated 20.07.2017, passed in MAC Case No.1975/2009, by the

learned Member, MACT, Cachar, Silchar.

The reason for delay of 85 days in preferring the connected MAC

appeal has been attributed to the various official procedures that was

required to be carried out by the applicant/Insurance Company and the

same has been explained in paragraph No.6 of the accompanying

application.

Mr. Mondal, learned counsel appearing for the

respondents/appellants also does not have any objection, if the delay of

85 days in filing the connected appeal is condoned.

Upon hearing the learned counsels for the contesting parties and

on perusal of the explanation provided in paragraph-6 of the

accompanying application, I am satisfied that the applicant was Page No.# 3/3

prevented by a sufficient cause in not preferring the connected appeal

within the stipulated period.

In view of the above, delay of 85 days in preferring the connected appeal is hereby condoned.

The I.A stands disposed of.

Let the connected MAC appeal be listed for Admission after a

week.

JUDGE

Comparing Assistant