Oriental Insurance Co. Ltd vs Mrs. Muslima Begum And 6 Ors
2022 Latest Caselaw 2666 Gua

                                                                  Page No.# 1/3

GAHC010274602019




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

                         Case No. : I.A.(Civil)/3962/2019

         ORIENTAL INSURANCE CO. 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

         MRS. MUSLIMA BEGUM and 6 ORS.
         W/O LT. SIFAR UDDIN @ MAMTAZ ALI, R/O NAM DOBOKA PATHAR, P.S.-
         DOBOKA, DIST-NAGAON, ASSAM

         2:MISS JAMILA BEGUM
          D/O LATE SIFAR UDDIN @ MOMTAZ ALI
          R/O NAM DOBOKA PATHAR
          P.S.-DOBOKA
          DIST-NAGAON
         ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)

         3:MISS JAHANARA BEGUM
          D/O LATE SIFAR UDDIN @ MOMTAZ ALI
          R/O NAM DOBOKA PATHAR
          P.S.-DOBOKA
          DIST-NAGAON
         ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)

         4:MD. ZAKARIA AHMED
          S/O LATE SIFAR UDDIN @ MOMTAZ ALI
          R/O NAM DOBOKA PATHAR
          P.S.-DOBOKA
          DIST-NAGAON
         ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)
                                                                      Page No.# 2/3

            5:MD. JAHANGIR ALOM
             S/O LATE SIFAR UDDIN @ MOMTAZ ALI
             R/O NAM DOBOKA PATHAR
             P.S.-DOBOKA
             DIST-NAGAON
            ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)

            6:ARUN SAHA
             S/O LATE BHARAT SAHA
             R/O KALIBARI ROAD
             HAFLONG
             P.S.-HAFLONG
             DIST-DIMA HASAO
            ASSAM (OWNER OF THE VEHICLE NO. AS-11/G-5486)

            7:MD. KAMIL HUSSAIN
             S/O MATIN UDDIN
             R/O LOWER HAFLONG
             P.S.-HAFLONG
             DIST-DIMA HASAO
            ASSAM (DRIVER OF THE VEHICLE NO. AS-11/G-5486

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR. M DUTTA




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 02-08-2022

Heard Mr. S. Dutta, learned senior counsel assisted by Ms. B. Das, learned counsel for the applicant. Also heard Ms. S. Dev, learned counsel for the respondent Nos. 1 to 5.

This Interlocutory Application has been filed by the applicant/Oriental Insurance Company seeking condonation of delay of 154 days in filing the accompanying appeal against the Judgment and Order dated 21.03.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon (Assam) in Page No.# 3/3

MAC Case No. 16/2015.

This Court vide order dated 29.11.2019 issued Notice on the respondents. Subsequently, since service was not complete in respect of respondent Nos. 6 and 7, liberty was granted to the applicant to take steps by substituted process

and accordingly an advertisement was published in Assam Tribune on the 7 th May, 2022. An affidavit enclosing the paper publication has also been filed by the applicant and the same is available on record.

The learned counsel for the respondent Nos. 1 to 5 does not object to the prayer for condonation of delay. Since paper publication has been affected the service on respondent Nos. 6 and 7 is deemed to be complete.

I have heard the learned counsels for the parties and have also perused the grounds urged for the delay that has occurred in filing the accompanying appeal.

After due perusal of the pleadings on record, this Court is satisfied that the grounds urged are sufficient for explaining the delay that had occurred in filing the accompanying appeal.

Accordingly, this I.A. is allowed condoning the delay of 154 days that has occurred in filing the appeal.

I.A. is accordingly disposed of.

The Registry is directed to number the accompanying appeal and list it before the Court after 2(two) weeks.

JUDGE

Comparing Assistant