Rabi Khan vs National Insurance Co. Ltd
2021 Latest Caselaw 2559 Gua

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GAHC010158282019




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

                                Case No. : I.A.(Civil)/2694/2019

            RABI KHAN
            S/O- CHAN KHAN, R/O- VILL.- MAJARCHAR, P.S. TARABARI, DIST.-
            BARPETA, ASSAM, PIN- 781302.



            VERSUS

            NATIONAL INSURANCE CO. LTD.,
            REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH,
            GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781005.



Advocate for the Petitioner   : MR. S AHMED

Advocate for the Respondent : MR. B KAKATI




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 27-10-2021

Heard Mr. S. Ahmed, learned counsel for the applicant and Mr. A. J. Saikia, learned counsel for the respondent.

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This is an application filed under Section 5 of the Indian Limitation Act, 1963, read with Section 173(1) proviso of Motor Vehicle Act, 1988(as amended) praying for condonation of delay of 94 days in filing the connected MAC appeal, which is directed against the judgment & award dated 13.12.2018, passed by the learned Member, MACT Barpeta in MAC Case No.226/2016.

The reason for delay of 94 days in filing the connected MAC appeal have been explained by the applicant to be on account of applicant remaining away at Arunachal Pradesh along with his family for earning livelihood. As a result of the applicant remaining away from the State of Assam, the engaged Advocate of the applicant could not be contacted for some time.

Mr. Saikia, learned counsel for the sole respondent does not oppose to the prayer of the applicant for condoning the delay of 94 days in preferring the connected MAC appeal.

Upon hearing the learned counsels for the contesting parties, and also taking into account the explanations provided by the applicant as indicated hereinabove, I am satisfied that the applicant was prevented by sufficient cause in not preferring the connected appeal within stipulated period.

Accordingly, delay of 94 days in filing the connected MAC appeal is hereby condoned.

The connected MAC appeal shall now be registered and list for Admission hearing by showing the name of Mr. A. J. Hazarika as the learned counsel appearing for the respondent in the Cause-list.

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The I.A stands allowed and disposed of.

JUDGE

Comparing Assistant