Gauhati High Court
The National Insurance Company ... vs Sri Rakesh Soud And 2 Ors on 28 October, 2021
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GAHC010048962019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/837/2019
THE NATIONAL INSURANCE COMPANY LIMITED
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA,
700071, REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL
OFFICE, BHANGAGARH, GUWAHATI-781005
VERSUS
SRI RAKESH SOUD AND 2 ORS
S/O SRI BRINDABAN SOUD,
VILLAGE DOLAIGAON, PO , PS AND DIST BONGAIGAON, ASSAM, 783380
2:SHHRI PARAMANANDA TALUKDAR
(OWNER)
S/O SRI SACHI MOHAN TALUKDAR
VILLAGE MAJGAON
PO AND PS NORTH GUWAHATI
DIST KAMRUP R ASSAM
781030
3:SRI JINTU DAS
(DRIVER)
S/O SRI KANDARPA DAS
VILLAGE MAJGAON
PO AND PS NORTH GUWAHATI
DIST KAMRUP R ASSAM
78103
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. P P BORTHAKUR
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Linked Case :
THE NATIONAL INSURANCE COMPANY LIMITED
VERSUS
SRI RAKESH SOUD AND 2 ORS
------------
Advocate for :
Advocate for : appearing for SRI RAKESH SOUD AND 2 ORS
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 28-10-2021
Heard Ms. R. D. Mozumdar, learned counsel for the applicant and Mr. M.
Das, learned counsel for the opposite party Nos. 2 & 3.
None appears for the opposite party No.1, though the notice on opposite
party No.1 was deemed to have been served by an order of Lawazima Court
dated 06.09.2021.
This is an application under Section 173 of the Motor Vehicle Act read with
Section 5 of the Limitation Act, 1963, praying for condonation of delay of 44
days in filing the connected MAC appeal, which is directed against the judgment
& order dated 06.10.2018, passed by the learned Member, MACT No.3, Kamrup
(M), Guwahati, in MAC Case No.1049/2015.
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The reason for delay of 44 days in filing the connected MAC appeal has
been stated to be the time taken in seeking legal opinion for filing of the appeal
and further correspondence made between the Divisional office and Regional
office. Mr. Das, learned counsel for the opposite party No.2 does not oppose to
the prayer of the applicant for condoning the delay of 44 days in filing the
connected appeal.
Upon hearing the learned counsels for the contesting parties and on
perusal of the explanation provided in the accompanying application that the
delay of 44 days has occurred on account of official correspondence made
between the Divisional office and Regional office of the applicant's Insurance
Company as well as legal opinion sought for preferring the connected MAC
appeal, I am of the view that there has been no any wilful negligence and
lapses on the part of the applicant in preferring the connected MAC appeal.
Accordingly, delay of 44 days in filing the connected MAC appeal by the
applicant is hereby condoned.
The connected MAC appeal shall now be registered and list it for
Admission hearing.
The I.A stands allowed and disposed of.
JUDGE
Comparing Assistant
