United India Insurance Co. Ltd vs Mukshed Ali
2021 Latest Caselaw 2546 Gua

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GAHC010005882018




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

                          Case No. : I.A.(Civil)/50/2018

         UNITED INDIA INSURANCE CO. LTD
         REGD AND HEAD OFFICE AT 24, WHITES ROAD, CHENNAI 600014 AND
         ONE OF THE REGIONAL OFFICE AT G S ROAD, DISPUR, GUWAHATI- 05



         VERSUS

         MUKSHED ALI
         S/O- LATE MANIKUDDIN, VILL- NAMARGAON, P.O- R M HAT, P.S-
         MANKACHAR, DIST- DHUBRI, ASSAM, PIN- 783131

         2:KARIMUN KHATUN
         W/O- MUKSHAD ALI
         VILL- NAMARGAON
          P.O- R M HAT
          P.S- MANKACHAR
          DIST- DHUBRI
         ASSAM
          PIN- 783131

         3:ANIL KUMAR PRASAD
          S/O- B NATH PRASAD
         VILL- LOKHRA
          P.O
          DIST- KAMRUP(M)
          GUWAHATI
         ASSAM
          PIN- 781034

         4:RAM RATAN SAHA
          S/O- BABULAL SAHA
          NEAR CINEMA HALL
          BONGAIGAON
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             P.O AND P.S- BONGAIGAON
             DIST- BONGAIGAON
             ASSAM
             PIN- 78338

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR. A R AGARWALA




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 26.10.2021

Heard Mr. G.S. Boro, learned counsel for the applicant and Mr. A.R. Agarwala, learned counsel for the respondent nos.1 and 2/claimants.

Mr. Boro, learned counsel for the applicant submits that the connected MACApp. No.14/2018 pertains to the quantum of the compensation awarded by the learned Member, Motor Accident Claims Tribunal, Dhubri and therefore, the respondent nos.3 and 4, who are the driver and owner of the offending vehicle respectively are not the necessary party in the MACApp. No.14/2018 as well as in this application and accordingly, he prays for striking off the name of respondent nos.3 and 4.

As prayed for, the name of respondent nos.3 and 4 is struck off from the array of respondents in this proceeding at the risk of the applicant.

This is an application under the proviso to Section 173 of the M.V. Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 144 days in preferring the connected MACApp. No.14/2018, which is directed against the judgment and award dated 24.03.2017 passed by the learned Page No.# 3/3

Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No.99/2013.

The reason for delay of 144 days in preferring the connected appeal has been explained to be on account of official communication made between the office of the insurance company and the engaged advocate.

Mr. Agarwala, learned counsel for the respondent nos.1 and 2/ claimants does not oppose to the prayer for condonation of delay of 144 days in preferring the connected appeal by the applicant.

Upon considering the explanation provided in the application and upon hearing the learned counsel for the parties, this Court is inclined to accept the same as good and sufficient cause which has prevented the applicant from preferring the MACApp. No.14/2018 within the stipulated time. Accordingly, the delay of 144 days in preferring the MACApp. No.14/2018 is hereby condoned.

This I.A. stands allowed and disposed of.

JUDGE

Comparing Assistant