Oriental Insurance Company Ltd vs Md. Lal Baba Ali And 3 Ors
2021 Latest Caselaw 2931 Gua

                                                                   Page No.# 1/2

GAHC010116622018




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

                               Case No. : I.A.(Civil)/1925/2018

            ORIENTAL INSURANCE COMPANY LTD.
            HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI-
            781007, REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL
            OFFICE, ULUBARI, GUWAHATI-781007

            VERSUS

            MD. LAL BABA ALI AND 3 ORS.
            VILL-NO. 2 MATHADANG, PO-DEMOWMUKH, PS AND DIST- SIBASAGAR,
            ASSAM, PIN-785663

            2:SMT. RUCHENA BEGUM
            VILL-NO. 2 MATHADANG
             PO-DEMOWMUKH
             PS AND DIST- SIBASAGAR
            ASSAM
             PIN-785663

            3:MD. LUTFUR ALI
             (RESPONDENT NO. 3 BEING MINOR IS REPRESENTED BY HIS FATHER
            THAT IS RESPONDENT NO.1) VILL-NO. 2 MATHADANG
             PO-DEMOWMUKH
             PS AND DIST- SIBASAGAR
            ASSAM
             PIN-785663

            4:MD. MUJAKIR HUSSAIN
            VILL-KAKOJAN DAGAON
             PO-KAKOJAN
             PS-TEOK
             DIST-JORHAT
            ASSAM-78510

Advocate for the Petitioner   : MS. R D MOZUMDAR
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Advocate for the Respondent : MR. S ALIM


                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 17.11.2021

Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. A. Borah, learned counsel for the opposite party Nos.1 to 3 and Mr. S. Alim, learned counsel for the opposite party No.4.

This is an application filed under Second proviso to Section 173 of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 119 days in filing the connected MAC appeal No.491/2018, which appeal is directed against the judgment dated 04.07.2017, passed by the learned Member, MACT No.1, Kamrup(M), Guwahati, in MAC Case No.1001/2015.

The reason for delay of 119 days in filing the connected MAC appeal is stated to be on account of late receipt of copy of the judgment along with the legal opinion of the engaged counsel.

Upon hearing the learned counsels for the contesting parties and on perusal of the explanation provided, as indicated hereinabove, the delay of 119 days in filing the connected MAC appeal No.491/2018 is hereby condoned, in the interest of justice.

The IA stands allowed and disposed of.

JUDGE

Comparing Assistant