Shri Arun Kumar Paul vs The Divisional Manager And 6 Ors
2022 Latest Caselaw 2668 Gua

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GAHC010021332017




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

                                Case No. : I.A.(Civil)/1393/2017

            SHRI ARUN KUMAR PAUL,
            S/O LATE PURNA CH. PAUL, R/O VILL. PONEMANNI, P.O. and P.S.
            BAGRIBARI, DIST. DHUBRI, ASSAM, PIN 783349



            VERSUS

            THE DIVISIONAL MANAGER and 6 ORS,
            NATIONAL INSURANCE CO. LTD., BONGAIGAON DIVISION, DIST.
            BONGAIGAON, ASSAM, PIN 783380

            2:THE BRANCH MANAGER

             NATIONAL INSURANCE CO. LTD.
             GOALPARA BRANCH
             P.O. and P.S. GOALPARA
             DIST. GOALPARA
             ASSAM
             PIN 783101

            5:THE DIVISIONAL MANAGER

             NEW INDIA ASSURANCE CO. LTD.
             BONGAIGAON DIVISION
             DIST. BONGAIGAON
             ASSAM
             PIN 78338

Advocate for the Petitioner   : MR. H DAS

Advocate for the Respondent : MR. A DUTTA (R1, R2)
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                                   BEFORE
                    HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                       ORDER

Date : 02-08-2022 Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. A. Dutta, learned counsel for the respondent Nos. 1 & 2 and Mr. A. Acharya, learned counsel for the respondent No. 5.

This Interlocutory Application has been filed seeking condonation of delay of 873 days in filing the accompanying appeal. The appeal is preferred by the claimant as the applicant/appellant being aggrieved by the Judgment and Order 20.06.2013 passed in MAC Case No. 520/2005 as well as order dated 08.07.2015 in Misc. (R) Case No. 20/2013 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara.

The opposite party No. 5 has contested the prayer for delay by filing the objections and to which rejoinder has also been filed by the claimant. The opposite parties No. 1 & 2 have not filed any objections opposing the delay.

The learned counsels for the parties have been heard and pleadings on record have been duly perused.

Upon consideration of grounds urged in support of prayer for delay, this Court is of the view that the grounds urged are found to be justified and sufficient for explanation of the delay that has occurred.

Accordingly, this Court is of the view that the prayer for delay in filing accompanying appeal can be condoned. The same is, therefore, condoned. I.A. is allowed and disposed of.

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

JUDGE

Comparing Assistant