National Insurance Company ... vs Mustt. Hawarun Nessa And 2 Ors
2021 Latest Caselaw 2936 Gua

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GAHC010159172019




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

                                Case No. : I.A.(Civil)/2300/2019

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGD OFFICE AT KOLKATA AND ONE OF THE REGIONAL
            OFFICES AT G.S. ROAD, GUWAHATI.



            VERSUS

            MUSTT. HAWARUN NESSA AND 2 ORS.
            W/O- LATE MOTAHIR ALI, R/O- VILL.- KACHARIPARA, P.S. DOBOKA, DIST.-
            NAGAON, ASSAM.

            2:MD. SOFIKUDDIN AHMED
             S/O- USUF ALI
             R/O- VILL.- BATIPORIAGAON
             P.O. BATIPORIA
            VIA B.B. GAON
             P.S. AND DIST.- GOLAGHAT
            ASSAM
             PIN- 785615.

            3:MD. SAIDUL ISLAM
             S/O- MD. MAHMADUR RAHMAN @ MAHMUD ALI
             R/O- VILL.- BATIPORIAGAON
             P.O. BATIPORIA
            VIA B.B. GAON
             P.S. AND DIST.- GOLAGHAT
            ASSAM
             PIN- 785615

Advocate for the Petitioner   : MR S S SHARMA

Advocate for the Respondent : MR. M TALUKDAR
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                                    BEFORE
                        HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

Date : 17.11.2021

Heard Mr. S. Borgohain, learned counsel for the applicant and Mr. M. Talukdar, learned counsel for the opposite party No.2/claimant.

Mr. Borgohain, learned counsel for the applicant, at the outset submits that opposite party Nos.2 & 3, who are the owner and the driver of the offending vehicle respectively are not a necessary party, as the MAC appeal has been filed challenging quantum of the compensation awarded by the learned Tribunal.

Mr. Borgohain, learned counsel prays for striking off the names of the opposite party Nos.2 and 3 from the array of the respondents.

As prayed for by Mr. Borgohain, learned counsel for the applicant, let the names of opposite party Nos.2 and 3 be struck off from the array of the respondents at the risk of the applicant/appellant .

This is an application filed under Section 5 of the Limitation Act, 1963 read with Section 173(1) proviso of the Motor Vehicle Act, 1988(as amended) for condonation of delay of 355 days in filing the connected MAC appeal, which appeal is directed against the judgment and award dated 31.03.2017, passed by the learned Member, MACT, Nagaon in MAC Case No.132/2015.

The reason for delay of 355 days in filing the connected MAC appeal have been stated to be on account of the communication made between Page No.# 3/3

the Divisional office and the Regional office of the applicant/Insurance Company.

Mr. Talukdar, learned counsel for the opposite party No.1/claimant submits that he has no objection, if the delay of 355 days in filing the connected MAC appeal is condoned by this Court.

Upon hearing the learned counsels for the parties and on perusal of the explanation provided in the accompanying application and also taking into account the submission of Mr. Talukdar, learned counsel that he has no objection, if the delay of 355 days in filing the connected MAC appeal is condoned, this application is allowed by condoning the delay of 355 days in filing the connected MAC appeal.

The I.A accordingly, stands allowed and disposed of, in terms above.

The connected MAC appeal shall now be registered and list for Admission hearing by showing the name of Mr. M. Talukdar as the learned counsel for the opposite party No.1 in the Cause-list.

JUDGE

Comparing Assistant