The Oriental Insurance Company ... vs Smti. Runi Lalung And 7 Ors
2022 Latest Caselaw 1389 Gua

                                                                  Page No.# 1/3

GAHC010251952019




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

                        Case No. : I.A.(Civil)/3972/2019

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

         VERSUS

         SMTI. RUNI LALUNG AND 7 ORS.
         W/O LATE DEBA LALUNG, R/O VILL-LALUNG KAPAHTALI, P.S.-
         SILAPATHAR, DIST-DHEMAJI, ASSAM, PIN-787059

         2:MISS PARISHMITA LALUNG
          D/O LATE DEBA LALUNG
          R/O VILL-LALUNG KAPAHTALI
          P.S.-SILAPATHAR
          DIST-DHEMAJI
         ASSAM
          PIN-787059

         3:MINTU LALUNG
          S/O LATE DEBA LALUNG
          R/O VILL-LALUNG KAPAHTALI
          P.S.-SILAPATHAR
          DIST-DHEMAJI
         ASSAM
          PIN-787059

         4:BIDYUT LALUNG
          S/O LATE DEBA LALUNG
          R/O VILL-LALUNG KAPAHTALI
          P.S.-SILAPATHAR
          DIST-DHEMAJI
         ASSAM
          PIN-787059 (MINOR BEING REPRESENTED BY HIS MOTHER
                                                                       Page No.# 2/3

           RESPONDENT NO. 1)

           5:LAKHI DASGUPTA
            S/O INDRA DIHINGIA
            R/O KENDUGURI GAON
            P.S.-DHEMAJI
            DIST-DHEMAJI
           ASSAM
            PIN-787059

           6:SITA RAM
            S/O BHAGIRATH RAM
            R/O GELASAR THE MAKRANA
            DIST-NAGPUR
            RAJASTHAN
            PIN-341001

           7:JHUMAR LAL
            S/O SRI GHISA RAM
            R/O THE MARKANA
            211 DEGHA KALLAN
            DIST-NAGPUR MARKANA
            RAJASTHAN
            PIN-341001

           8:UNITED INDIA INSURANCE CO. LTD.
            REPRESENTED BY REGIONAL MANAGER
            G.S. ROADABCGUWAHATI-

Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : MR. K K BHATTA

                                BEFORE
                  HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                      ORDER

27.04.2022

Heard Mr. S C Goswami, learned counsel for the applicant, who has submitted that notice is received by respondents No.8, who is the Insurance Company and since respondent Nos. 5, 6 and 7 had not contested the case before the tribunal their appearance is not necessary.

Notice is deemed to be served upon the respondent Nos. 1 to 4.

Page No.# 3/3

This application under Section 5 of the Limitation Act, read with Section 173(1) of the Motor Vehicle Act has been filed praying for condonation of delay of 9 days in preferring the appeal against the judgment and award dated 10.06.2019, passed by the Member, Motor Accident Claims Tribunal, Dhemaji, in MAC Case No. 06/2018.

Mr. K K Bhatta, learned counsel for the respondent has not raised any objection.

Learned counsel for the petitioner summits that the delay of 9 days has been explained in paragraph No. 3 of the application whereby the delay was due to the time taken in serving the copy of judgment to the Regional office.

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 9 in filing the appeal days is hereby condoned.

I.A.(Civil) 3972/2019 thus stands allowed and disposed of.

Registry to register the connected MAC appeal and list the same for admission after three weeks.

The name of Mr. A K Bhatta, learned counsel appearing for the respondent be shown in the cause list.

JUDGE

Comparing Assistant