Oriental Insurance Company Ltd vs Smt Mami Bhagawati And 5 Ors
2022 Latest Caselaw 1347 Gua

                                                                   Page No.# 1/3

GAHC010189082018




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

                         Case No. : I.A.(Civil)/3106/2018

         ORIENTAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
         ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI -7,
         REPRESENTED BY THE REGIONAL MANAGER

         VERSUS

         SMT MAMI BHAGAWATI AND 5 ORS
         W/O SRI GOKUL CH. GOSWAMI, R/O VILL. BASANTIPUR, P.O. AND P.S.
         TEZPUR, DIST. SONITPUR, ASSAM 783001

         2:MD. MAHAMMAD MAKSUD ANSARI

          S/O MD. HASAN ANSARI
          C/O RAI CARRIER
          BEHARBARI
          NEAR NILACHAL PARKING
          GUWAHATI
          DIST. KAMRUP (M)
          ASSAM 781038 (OWNER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))

         3:MD. MONIR ANSARI
          S/O MD. JAN MAHAMMAD ANSARI KAMAL PURABI PHROWL
         POKAMALPUR
          BITHROWL
          DIST. KAMRUP
         ASSAM 781031 (DRIVER OF THE VEHICLE NO. AS-01/DD-6641 (TRUCK))

         4:THE NEW INDIA ASSURANCE CO. LTD.
         TEZPUR BRANCH
          MAIN ROAD
         TEZPUR 783001 (INSURER OF THE VEHICLE NO. AS-01/DD-6641 (TRCUK))

         5:MD. ABDUL KHALEK
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            S/O LATE A. ALI
            R/O A ROY
            JYOTIKUCHI KALI MANDIR
            HOUSE NO. 31
            DIST. KAMRUP (M)
            ASSAM-781009 (OWNER OF THE VEHICLE NO. AS-01/AP-7655)

           6:MD. ABDUL KHALEK
            S/O LATE ASRAB ALI KAJI
            R/O VILL. KATHPARAGAON
            P.S. RUPAI
            DIST. NAGAON
           ASSAM 782004 (DRIVER OF THE VEHICLE NO. AS-01/AP-7655

Advocate for the Petitioner :
Advocate for the Respondent : MR. S C BISWAS (R1)


                                 BEFORE
                   HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

25.04.2022

Heard Ms. M Choudhury, learned counsel for the applicant also heard Mr. S C Biswas, learned counsel for the respondent No.1 and Ms. M Saikia, learned counsel for the respondent No.4.

This application under Section 5 of the Limitation Act has been filed praying for condonation of delay of 86 days in filing the appeal against the judgment and order dated 25.10.2017 passed by the learned Member, Motor Accident Claims tribunal, Sonitpur in MAC Case No. 86/2- 16(D).

There is no objection regarding the application for condonation of delay from the respondent's side and the delay has been explained in paragraph 6 of the application stating that the main reason for the delay is due to the procedural delay since time is taken for receipt of the Page No.# 3/3

documents in this case.

Upon hearing the learned counsel for both sides, this Court is of the opinion that the reasons shown for delay is acceptable and find it fit to condone the delay.

Accordingly, the delay of 86 days in filing the appeal is hereby condoned.

I.A.(Civil) 3106/2018 thus stands allowed and disposed of.

JUDGE

Comparing Assistant