Gauhati High Court
Page No.# 1/4 vs The Bajaj Allianz General ... on 27 October, 2021
Page No.# 1/4
GAHC010105682019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1645/2019
SHRI SHAHIDUR ISLAM AND 4 ORS.
S/O- LATE AZAD ALI SK.,
R/O- VILL.- KISMATHASDAHA PART-III, P.O.- KISMATHASDAHA, P.S. AND
DIST.- DHUBRI, ASSAM.
2: SMTI. SHAHINA BEGUM
D/O- LATE AZAD ALI SK.
R/O- VILL.- KISMATHASDAHA PART-III
P.O.- KISMATHASDAHA
P.S. AND DIST.- DHUBRI
ASSAM.
3: SMTI. ELINA BEGUM
D/O- LATE AZAD ALI SK.
R/O- VILL.- KISMATHASDAHA PART-III
P.O.- KISMATHASDAHA
P.S. AND DIST.- DHUBRI
ASSAM.
4: SRI MOZIDUL ISLAM
S/O- LATE AZAD ALI SK.
R/O- VILL.- KISMATHASDAHA PART-III
P.O.- KISMATHASDAHA
P.S. AND DIST.- DHUBRI
ASSAM.
5: SMTI. SELIMA SULTANA
D/O- LATE AZAD ALI SK.
R/O- VILL.- KISMATHASDAHA PART-III
P.O.- KISMATHASDAHA
Page No.# 2/4
P.S. AND DIST.- DHUBRI
ASSAM
VERSUS
THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND 4 ORS
2B, 2ND FLOOR, N.H. CENTRE POINT BUILDING, GUWAHATI SHILLING
ROAD, OPP. BORA SERVICE STATION, ULUBARI, GUWAHATI-7. (INSURER
OF THE VEHICLE NO. HR-55-H-5347 (TRUCK).
2:THE NEW INDIA ASSURANCE CO. LTD.
DIVISION BRANCH
KAKATI BHAWAN
1ST FLOOR
BONGAIGAON
ASSAM
PIN- 783380. (INSURER OF THE VEHICLE NO. AS-17-B-3609 (AMBULANCE)
Advocate for the Petitioner : MR. I H LASKAR
Advocate for the Respondent : MR. A BHATTACHARYYA
Linked Case :
SHRI SHAHIDUR ISLAM AND 4 ORS
VERSUS
THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD AND 4 ORS
------------
Advocate for :
Advocate for : appearing for THE BAJAJ ALLIANZ GENERAL INSURANCE CO.
LTD AND 4 ORS
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 27.10.2021
Heard Mr. M.S. Alam, learned counsel for the applicant, Mr. A.
Bhattacharyya, learned counsel for the respondent no.1 and Mr. R.K. Bhatra,
learned counsel for the respondent no.2.
This is an application under Section 5 of the Limitation Act, 1963 for
condoning the delay of 227 days in preferring the connected MAC Appeal, which
is directed against the judgment and award dated 22.05.2018 passed by the
learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati in
MAC Case No.1268/2015.
The reason for delay of 227 days in preferring the connected appeal has
been explained in paragraph 3 of the accompanying application stating that it
was on account of lack of resources to approach this Court within the stipulated
time as the applicant is from a very poor family.
The respondent nos.1 and 2 have file their respective objection
contending that the applicant has not given day to day explanation of delay of
227 days in the 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 227 days in preferring the connected MAC Appeal is
hereby condoned.
Page No.# 4/4
This I.A. stands allowed and disposed of.
The connected MAC Appeal shall now be registered and list for admission
hearing by showing the name of Mr. A. Bhattacharyya and Mr. R.K. Bhatra,
learned counsel appearing for respondent nos.1 and 2 respectively in the cause
list.
JUDGE
Comparing Assistant
