Ananta Deka vs The Legal Executive (Claims)
2021 Latest Caselaw 2851 Gua

                                                                       Page No.# 1/2

GAHC010153452018




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

                                Case No. : I.A.(Civil)/2555/2018

            ANANTA DEKA
            S/O- SRI FULEN DEKA, R/O- VILL- DANGARKUCHI, P.S. SONKUSHI, PIN-
            781314, DIST- BARPETA, ASSAM



            VERSUS

            THE LEGAL EXECUTIVE (CLAIMS)
            SBI GENERAL INSURANCE COMPANY LTD., BORAH SERVICE BRANCH,
            LAKSHMI DARSHAN BUILDING, 2ND FLOOR, OPP. BORAH SERVICE
            G.S.ROAD, GHY, DIST- KAMRUP (M), ASSAM, PIN- 781007

            2:THAKRA BAHADUR CHETRI
             S/O- TEZ BAHADUR CHETRI
             R/O- VILL- KHAGRABARI (KALPANI BAZAR)
             P.O. GOBARDHANA
             PIN- 781373
             DIST- BAKSA
             BTAD
            ASSAM (DRIVER OF THE OFFENDING VEHICLE)

            3:HRIDAY JYOTI DAS
             S/O- LT JITENDRA NATH DAS
             R/O- VILL- SIMLAGURI
             P.S. GOBARDHANA
             PIN- 781373
             DIST- BAKSA
             BTAD
            ASSAM (OWNER OF THE OFFENDING VEHICLE

Advocate for the Petitioner   : MR B D DAS

Advocate for the Respondent : MR T KALITA
                                                                      Page No.# 2/2




                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                     ORDER

Date : 12.11.2021

Heard Ms. R. Deka, learned counsel for the applicant and Mr. T. Kalita, learned counsel for the respondent no.1.

Office note dated 02.12.2020, indicates that respondent nos. 2 and 3 have been duly served.

This is an application under Section 173 of the Motor Vehicles Act, 1988 for condoning the delay of 4 days in preferring the connected MAC Appeal, which is directed against the judgment and award dated 10.01.2018 passed by the learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No.875/2015.

The reason for delay of 4 days in preferring the connected appeal has been stated to be on account of the ill health 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 4 days in preferring the connected MAC Appeal is hereby condoned for the interest of justice.

I.A. stands allowed and disposed of.

JUDGE

Comparing Assistant