Gauhati High Court
Page No.# 1/4 vs Sri Manjit Das And 2 Ors on 10 November, 2021
Page No.# 1/4
GAHC010299892019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4256/2019
RAMISHA KHATUN AND 5 ORS
W/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA, P.S.
KASUMARA, DIST. BARPETA, ASSAM, PIN 781127
2: NARJINA AHMED
D/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA
P.S. KASUMARA
DIST. BARPETA
ASSAM
PIN 781127
3: NURTAZ BEGUM
D/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA
P.S. KASUMARA
DIST. BARPETA
ASSAM
PIN 781127
4: ARIFA KHATUN
D/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA
P.S. KASUMARA
DIST. BARPETA
ASSAM
PIN 781127
5: SALMA MAHFUZA
D/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA
P.S. KASUMARA
DIST. BARPETA
ASSAM
PIN 781127
6: SHAMIMA AFRUZ
D/O LATE ABDUL MANNAN AKAND OF VILL. ADURIPARA
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P.S. KASUMARA
DIST. BARPETA
ASSAM
PIN 78112
VERSUS
SRI MANJIT DAS AND 2 ORS
S/O GOPESH CH. DAS, R/O WEST PALANGDIHATI, P.S. BARPETA, DIST.
BARPETA, ASSAM
(REGISTERED OWNER OF THE OFFENDING VEHICLE TATA- STAR BUS)
2:SRI NAYAN DAS
S/O ANIL DAS
VILL. BAMUNDI
P.S. SUALKUCHI
DIST. KAMRUP(RURAL)
ASSAM.
(DRIVER OF THE OFFENDING VEHICLE TATA- STAR BUS)
3:THE BRANCH MANAGER
CHOLA MANDALAM M.S. GENERAL INSURANCE CO. LTD.
4TH FLOOR
OPP. S.B. DEORAH COLLEGE
G.S. ROAD
GUWAHATI-7
DIST. KAMRUP(M)
ASSAM
(INSURER OF THE OFFENDING VEHICLE TATA- STAR BUS
Advocate for the Petitioner : MR. A MANNAF
Advocate for the Respondent : MS R DEVI (R-3)
Linked Case :
RAMISHA KHATUN AND 5 ORS
VERSUS
SRI MANJIT DAS AND 2 ORS
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Advocate for :
Advocate for : appearing for SRI MANJIT DAS AND 2 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 10.11.2021
Heard Mr. A. Mannaf, learned counsel for the applicants and Mr. K.K.
Bhatta, learned counsel for the respondent no. 3. None has appeared for
respondent nos. 1 and 2, though the name of learned counsel representing
respondent nos.1 and 2 have been shown in the cause list.
This is an application under Section 5 of the Limitation Act for condoning
the delay of 74 days in preferring the connected MAC Appeal, which is directed
against the judgment and award dated 15.06.2019 passed by the learned
Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No.124/18.
The reason for delay of 74 days in preferring the connected appeal has
been stated to be on account of communication gap between the learned
counsel and the applicants.
Mr. Bhatta, learned counsel for the respondent no.3 submits that he has
no objection if the delay of 74 days in preferring the connected appeal is
condoned.
Upon considering the explanation given by the applicants 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
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applicants from preferring the connected MAC Appeal within the stipulated time.
Accordingly, the delay of 74 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 by showing the name of Mr. K.K. Bhatta as learned counsel
for the respondent no.3 in the cause list.
I.A. stands allowed and disposed of.
JUDGE
Comparing Assistant
