The Oriental Insurance Company ... vs Smti. Phulpari Devi And 6 Ors
2022 Latest Caselaw 1271 Gua

                                                                Page No.# 1/3

GAHC010051202020




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

                          Case No. : I.A.(Civil)/951/2020

         THE ORIENTAL INSURANCE COMPANY LIMITED
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST.- KAMRUP, ASSAM.



         VERSUS

         SMTI. PHULPARI DEVI AND 6 ORS.
         W/O- LATE JOY BAHADUR SAHNI, R/O- VILL.- ROYGARH (SHIBBARI
         ROAD), P.O. AND P.S. SILCHAR, DIST.- CACHAR, ASSAM.

         2:SRI VIKRAM KR. SAHANI
          S/O- LATE JOY BAHADUR SAHNI
          R/O- VILL.- ROYGARH (SHIBBARI ROAD)
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM.

         3:SRI VICKY SAHNI
          S/O- LATE JOY BAHADUR SAHNI
          R/O- VILL.- ROYGARH (SHIBBARI ROAD)
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM.

         4:SMT. SHOBHA KUMARI SAHNI
          D/O- LATE JOY BAHADUR SAHNI
          R/O- VILL.- ROYGARH (SHIBBARI ROAD)
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
         ASSAM.

         5:SRI VIPIN KR. SAHNI
                                                                                 Page No.# 2/3

             S/O- LATE JOY BAHADUR SAHNI
             R/O- VILL.- ROYGARH (SHIBBARI ROAD)
             P.O. AND P.S. SILCHAR
             DIST.- CACHAR
            ASSAM. (RESPONDENT NO. 2 TO 5 ARE MINOR REP. BY RESPONDENT NO.
            1).

            6:SRI SITANDRA CH. DAS
             S/O- LATE KALI KUMAR DAS
            VILL.- DURGANAGAR
             P.S. UDHARBOND
             DIST.- CACHAR
            ASSAM
             PIN- 788109.

            7:SRI KALPATARU DAS
             S/O- CHANDAN DAS
            VILL.- KAYAKHAL
             P.O. RAKHAL BASTI
             P.S. AND DIST.- HAILAKANDI
            ASSAM
             PIN- 788156

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR D MONDAL




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 08-04-2022

Heard Mr. R. Sharma, learned counsel appearing for the Insurance Company/applicant.

Also heard Mr. M. Talukdar, learned counsel appearing for respondent no. 1 to 5.

This is a petition under section 5 of the Limitation Act, 1963 read with section 173(1) of the Motor Vehicle Act, 1988 filed by the applicant/Insurance Company to condone the delay of 42 days in preferring the appeal against the judgment and order dated 04.10.2019, passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar in MAC Case No. 515/2016.

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The applicant has shown some grounds in the application regarding the delay of filing the appeal. However, the learned counsel for the respondent no. 1 to 5 submits that he has no objection, if the delay of 42 days is condoned. Hence, the prayer of the applicant is allowed.

It is pertinent to say here that notices upon the respondent no. 6 and 7 have not been served properly. It is the submission of learned counsel for the applicant as well as the learned counsel for the respondent no. 1 to 5 that to consider the prayer for condonation of delay, presence of respondent nos. 6 and 7 are not necessary.

Under such backdrop, considering the submission of the learned counsels for both the parties, delay of 42 days is condoned.

Registry is directed to register the connected appeal.

Accordingly, I.A stands disposed of.

JUDGE

Comparing Assistant