Md. Jaibur Rahman vs United India Insurance Co. Ltd And ...
2021 Latest Caselaw 2722 Gua

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GAHC010256892019




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

                               Case No. : I.A.(Civil)/3435/2019

            MD. JAIBUR RAHMAN
            S/O MD. KUDDUS ALI, R/O VILL. DABLU, P.S. KAMRUP, DIST. NAGAON,
            ASSAM, PIN-782426



            VERSUS

            UNITED INDIA INSURANCE CO. LTD AND 2 ORS
            REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S.
            ROAD, CHRISTIANBASTI, GUWAHATI-5

            2:MAINUL HOQUE
             S/O MD. SAMSUL HOQUE
             R/O VILL. KAKOTIGAON
             PIN-782426
             P.S. KAMPUR
             DIST. NAGAON
            ASSAM

            3:ALIMUDDIN
             S/O LT. KHITAB ALI
             R/O VILL. KAKOTIGAON
             PIN-782426
             P.S. KAMPUR
             DIST. NAGAON
            ASSA

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. K K DEY
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           Linked Case :

          MD. JAIBUR RAHMAN



           VERSUS

          UNITED INDIA INSURANCE CO. LTD AND 2 ORS



          ------------
          Advocate for :
          Advocate for : appearing for UNITED INDIA INSURANCE CO. LTD AND 2 ORS



                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 08.11.2021

Heard Mr. M. Talukdar, learned counsel for the applicant, Mr. B.K. Baruah, learned counsel for the opposite party no.1 and Mr. S.K. Singh, learned counsel for the opposite party nos.2 and 3.

This is an application under second proviso to Section 173(1) of the M.V. Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 179 days in preferring the connected MAC Appeal, which is directed against the judgment and award dated 06.08.2018 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati in MAC Case No.1104/2015.

The reason for delay of 179 days in preferring the connected appeal has been explained to be on account of disability and financial crisis as huge amount Page No.# 3/3

of money had to be spent for medical treatment of the applicant.

Upon considering the explanation given by the applicant and upon hearing the learned counsel for the contesting parties, this Court is inclined to accept the same as good and sufficient cause which had prevented the applicant from preferring the connected MAC Appeal within the stipulated time. Accordingly, the delay of 179 days in preferring the connected MAC Appeal is hereby condoned for the interest of justice.

The connected MAC Appeal shall now be registered and list it for admission hearing.

I.A. stands allowed and disposed of.

JUDGE

Comparing Assistant