National Insurance Company Ltd vs Smti Chandra Maya Devi And 4 Ors
2021 Latest Caselaw 3086 Gua

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GAHC010245232018




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

                        Case No. : I.A.(Civil)/3836/2018

         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI, REPRESENTED BY DEBASIS BARUAH, ASSTT.
         MANAGER



         VERSUS

         SMTI CHANDRA MAYA DEVI AND 4 ORS
         W/O LATE NAYAN BAHADUR RAI, R/O VILL. RATANAPUR CHAIALI,
         PANIGAON, P.S. NAGAON, DIST. NAGAON, ASSAM, PIN 782002

         2:MISS GAYATRI DEVI
          D/O LATE NAYAN BAHADUR RAI
          R/O VILL. RATANAPUR CHAIALI
          PANIGAON
          P.S. NAGAON
          DIST. NAGAON
         ASSAM
          PIN 782002

         3:MISS KHUSI DEVI
          D/O LATE NAYAN BAHADUR RAI
          R/O VILL. RATANAPUR CHAIALI
          PANIGAON
          P.S. NAGAON
          DIST. NAGAON
         ASSAM
          PIN 782002 RESPONDENT NOS. 2 AND 3 BEING MINORS ARE
         REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT
         NO. 1
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           4:SRI GANESH CHETRY
            S/O LATE TAK BAHADUR CHETRY
            R/O VILL. TELIAGAON
           P.S. NAGAON
            DIST. NAGAON
           ASSAM
            PIN 782002 (OWNER OF MOTOR CYCLE NO. AS-02/J-5346)

           5:KHITISH BARUAH
            S/O LATE NARAYAN BARUAH
            R/O VILL. SAMAGURI
            P.S. SAMAGURI
            DIST. NAGAON
           ASSAM
            PIN 782140 (DRIVER OF MOTOR CYCLE NO. AS-02/J-5346

Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR D MONDAL

                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 24.11.2021

Heard Mr. R. Goswami, learned counsel for the applicant /Insurance Company. Also heard Mr. D. Mondal, learned counsel for respondents No. 1 to 3.

It appears that notice on respondents No. 4 & 5 is also complete.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 51 days, in preferring the connected appeal being MAC.A. 922/2018 which is directed against the judgment, dated 17.04.2018, passed by the learned Member, MACT No. 2, Kamrup(M), in MAC Case No. 1697/2013.

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The reasons for the delay in not preferring the connected appeal within the stipulated time have been explained in the accompanying application stating that the delay have occurred on account of several deliberations made between the engaged Advocate and the applicant/Insurance Company.

Mr. Mondal, learned counsel for respondents No. 1 to 3, has no objection to the above prayer.

Upon hearing the learned counsels for the parties and on perusal of the explanation provided in the accompanying application, as indicated above; I am satisfied that the applicant/Insurance Company was prevented by a sufficient cause in not preferring the connected MAC. Appeal within the stipulated time and accordingly, the delay of 51 days in filing the connected appeal, be condoned. It is hereby accordingly ordered.

The interlocutory application stands allowed and accordingly stands disposed of.

JUDGE

Comparing Assistant