Fahad Tehsin vs Md. Abu Hanif And Anr
2021 Latest Caselaw 246 Gua

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GAHC010290142019




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

                               Case No. : I.A.(Civil)/1034/2020

            FAHAD TEHSIN
            S/O LT. MUKTAR RAHMAN, R/O AMOLAPATTY B.M. ROAD, P.O. NAGAON,
            P.S NAGAON, SADAR, DIST. NAGAON, ASSAM, PIN-782001



            VERSUS

            MD. ABU HANIF AND ANR
            S/O LT. MAQBAL HUSSAIN, R/O SHANKARDEB PATH, HAIBARGAON, P.S.
            NAGAON SADAR, DIST. NAGAON, ASSAM, PIN-782002

            2:NATIONAL INSURANCE CO. LTD.
             REP. BY THE REGIONAL MANAGER
            GUWAHATI REGIONAL OFFICE
             G.S. ROAD
             BHANGAGARH
             GUWAHATI-

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. K K BHATTA




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 27.01.2021

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

counsel for the respondent No.2.

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Office Note dated 07.01.2021, indicates that the respondent No.1 has been duly

served.

This is an application under Second Proviso to Section 173(1) of the Motor Vehicles

Act, 1988 read with Section 5 of the Limitation Act, 1963 for condonation of delay of 21 days

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

award dated 03.08.202019, passed in MAC Case No.573/2016, by the learned Member, MACT,

Nagaon.

At the outset, Ms. Sharma, learned counsel representing the respondent No.2 submits

that she has no objection, if the delay of 21 days in filing the connected appeal is condoned

by this Court.

The reason for delay of 21 days in preferring the connected MAC appeal has been

stated to be on account of grievous injury sustained because of the accident the applicant

met with.

Upon hearing the learned counsels for the contesting parties and on perusal of the

explanation provided in 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.

In view of the above, delay of 21 days in preferring the connected appeal is hereby condoned.

The I.A stands allowed and disposed of.

Office to register the connected MAC appeal and listed it for Admission.

JUDGE Comparing Assistant