Monalisha Nath vs Labeswar Dutta And 2 Ors
2021 Latest Caselaw 2695 Gua

                                                                         Page No.# 1/2

GAHC010117702019




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

                                Case No. : MACApp./263/2021

            MONALISHA NATH
            W/O- LATE HEMANTA NATH, S/O- LATE J.C. NATH, P.S. AND P.O.
            BOKAKHAT, DIST. GOLAGHAT, ASSAM



            VERSUS

            LABESWAR DUTTA AND 2 ORS.
            S/O- LATE S. DUTTA, VILL.- BOKAKHAT, BALIJAN, P.S. BOKAKHAT, DIST.-
            GOLAGHAT, ASSAM

            2:SURAJIT SAIKIA
             S/O- SRI TILESWAR SAIKIA
            VILL.- KHUMTAI
             P.S. KAMARGAON
             DIST. GOLAGHAT
            ASSAM

            3:NATIONAL INSURANCE CO. LTD.

             TINSUKIA DIVISION
             TINSUKIA
             ASSA

Advocate for the Petitioner   : MRS. A GAYAN

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
                                                                                     Page No.# 2/2

                                            ORDER

Date : 03-11-2021

Heard Ms. A. Gayan, the learned counsel appearing for the petitioner. Challenge in this petition is to the judgment and award dated 27.02.2019, passed by the MACT No. 3, Kamrup in MAC Case No. 1257/2011.

One petitioner claiming compensation for injury was failed before the Tribunal which was registered as MAC Case No. 1257/2011. Subsequently, the claimant died and his legal heirs lately filed the petition for substitution the legal heirs of the deceased claimant. To that effect one petition u/s 5 of the Limitation Act was also filed.

On 27.02.2019, the petition u/s 5 of the Limitation Act was dismissed.

Without elaborate discussion on the point, this Court is of the opinion that the impugned order is not based on sound reasoning. The MV Act,1988 is a beneficial legislation. Therefore, the Tribunal required to be very sensitive.

Therefore, the impugned order dated 27.02.2019, passed by the MACT No. 3 in MACT Case No. 1257/2011 is set aside. The appeal stands allowed accordingly.

The delay is also condoned.

The legal heirs of the deceased claimant shall be substituted accordingly.

With the aforesaid observation, the appeal stands disposed of.

JUDGE

Comparing Assistant