Gauhati High Court
New India Assurance Company Ltd vs Smti Senahi Dutta And 4 Ors on 27 October, 2021
Page No.# 1/4
GAHC010025362019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/475/2019
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD,
FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, G.S. ROAD,
GUWAHATI 781007
VERSUS
SMTI SENAHI DUTTA AND 4 ORS
W/O SRI NABIN DUTTA, R/O VILL. MISSAMORA, P.S. DERGAON, P.O.
MISSAMORA, DIST. GOLAGHAT, ASSAM, PIN 785618
2:ANIL DUTTA
S/O SRI NABIN DUTTA
R/O VILL. MISSAMORA
P.S. DEGAON
P.O. MISSAMORA
DIST. GOLAGHAT
ASSAM
PIN 785618
3:PRANAB SAIKIA
S/O SRI BIMALA SAIKIA
R/O VILL. CHEPENAKUBUWAGAON
P.O. KAZIRANGA
DIST. GOLAGHAT
ASSAM
PIN 785609
4:THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.
JORHAT BRANCH
Page No.# 2/4
P.O. JORHAT
DIST. JORHAT (ASSAM)
PIN 785001
5:SARDAR PARAWJIT SINGH HINDLE
S/O SRI HARBHAJAN SINGH
R/O BEHARBARI
ABC INDIA LTD.
NEAR SANU AUTOMOBILES
NH 37 ROAD BASISTHA
P.O. BASISTHA
GUWAHATI 781029
KAMRUP (ASSAM
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR SISHIR DUTTA
Linked Case :
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
M.G. ROAD
FORT
MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI 781005
VERSUS
SMTI SENAHI DUTTA AND 4 ORS
W/O SRI NABIN DUTTA
R/O VILL. MISSAMORA
P.S. DERGAON
P.O. MISSAMORA
DIST. GOLAGHAT
ASSAM
PIN 785618
------------
Advocate for : MR. R GOSWAMI
Page No.# 3/4
Advocate for : appearing for SMTI SENAHI DUTTA AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 27.10.2021
Heard Mr. R. Goswami, learned counsel for the applicant and Ms. M.
Choudhury, learned counsel for the respondent no.4. None appears for the
respondent nos.1 to 3, although the name of learned counsel representing
respondent nos.1-3 has been shown in the cause list.
An affidavit has been filed by the applicant to bring on record the notice
published in the Assam Tribune newspaper as well as in the Purbanchal Prahari
newspaper on 21.01.2021 as directed by this Court vide order dated
15.12.2020. Accordingly, the service of notice on respondent no.5 is deemed to
be duly served.
This is an application under Section 5 of the Limitation Act read with
proviso to Section 173 of the M.V. Act, 1988 for condoning the delay of 142 days
in preferring the connected MAC Appeal, which is directed against the judgment
and award dated 09.04.2018 passed by the learned Member, Motor Accident
Claims Tribunal, Golaghat in MAC Case No.137/2011.
The reason for delay of 142 days in preferring the connected appeal has
been explained to be on account of communication made between the engaged
counsel and the office of the applicant.
Ms. M. Choudhury, learned counsel for the respondent no.4 has not
opposed to the prayer made by the applicant for condonation of delay of 142
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days in filing the connected MAC Appeal.
Upon considering the explanation given by the applicant and upon
hearing the learned counsel for the contesting parties, this Court is inclined to
accept the same as good and sufficient cause which has prevented the applicant
from preferring the connected MAC Appeal within the stipulated time.
Accordingly, the delay of 142 days in preferring the connected MAC Appeal is
hereby condoned.
This I.A. stands allowed and disposed of.
The connected MAC Appeal shall now be registered and list for admission
hearing.
JUDGE
Comparing Assistant
