Smt. Arati Saikia @ Arati Bordoloi ... vs Sri Monuj Kr. Borah And Anr
2022 Latest Caselaw 3247 Gua

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GAHC010119902019




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

                               Case No. : I.A.(Civil)/3047/2019

            SMT. ARATI SAIKIA @ ARATI BORDOLOI SAIKIA
            W/O- LATE BIPUL SAIKIA, R/O- VILL.- DOLOICHUBA, P.O. DOLOICHUBA,
            P.S. AND DIST.- MORIGAON, ASSAM, PIN- 782105.

            VERSUS

            SRI MONUJ KR. BORAH AND ANR
            S/O- SRI SUREN BORAH, R/O- VILL.- AMSOI, P.O. AMSOI, P.S. RAHA, DIST.-
            NAGAON, ASSAM, PIN- 782425.

            2:NATIONAL INSURANCE CO. LTD.

             REP. BY THE REGIONAL MANAGER
             GUWAHATI REGIONAL OFFICE
             G.S. ROAD
             BHANGAGARH
             GUWAHATI-5

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. K K BHATTA

             Linked Case : MAC.App./9400/2018 (Filing Number)

            SMT ARATI SAIKIA @ ARATI BORDOLOI SAIKIA

             VERSUS

            SRI MONUJ KR BORAH AND ANR

            ------------
            Advocate for :
            Advocate for : appearing for SRI MONUJ KR BORAH AND ANR
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                              BEFORE
               HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                 ORDER

Date : 26.08.2022 Heard Mr. M. Talukdar, learned counsel appearing for the applicant and Ms. L. Sarma, learned counsel appearing for the Opposite Party/respondent No.2.

Office Note dated 04.08.2022 reflects that service on respondents No.1 is completed however none appears on behalf of respondent No.1 when the matter is called up.

This Interlocutory Application has been filed by the applicant/Insurance Company praying for condonation of delay of 322 days that has occurred in filing the accompanying appeal. The claimant has preferred the appeal upon being aggrieved by the Judgment and Order dated 19.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon, Assam in MAC Case No. 56/2014. By the said Judgment and Order the applicant/Insurance company was directed to pay an amount of Rs.11,98,000/- (Rupees eleven lakhs ninety eight thousand) only with interest @9% per annum from the date of passing the order in favour of the applicant, who was the claimant before the Tribunal. However, according to the claimant, the compensation awarded is not calculated as per the appropriate multiplier. The Tribunal did not consider the future prospects at the time of awarding the compensation. Being aggrieved an appeal has been preferred before this Court and in the process a delay of 322 days had Page No.# 3/4

occurred for which the present application has been filed seeking condonation of the delay in filing the MAC Appeal.

The learned counsels for the parties have been heard and the pleadings on record have been perused. The ground urged in the application for condonation of delay is as under:-

"3. That the petitioner is residing in the remote area in the district of Morigaon, Assam. The husband of the petitioner died due to motor vehicular accident on 01.09.2014 leaving behind the petitioner and a minor daughter aged about 2½ years. There is none to help them. Her husband was the sole earning member of their family. After the untimely death of her husband, they had been passing through acute financial crisis and somehow maintaining her family by working in the house of others. Hence, immediately after passing of the judgment & award by the Learned Tribunal although the petitioner was advised by her local counsel to file appeal before the Hon'ble High Court, but due to financial crisis appeal could not be filed. Although the judgment & award was passed on 19.05.2017, the petitioner received the awarded amount from the Learned Tribunal (through cheque) only on 15.05.2018 and after deposition of cheque, the petitioner could withdraw money from the bank only in the first week of June, 2018. Thereafter, the petitioner met her local counsel for consultation as regards the filing of appeal in the second week of June, 2018. The local counsel advised the petitioner to meet and consult the present counsel at Guwahati regarding the filing of appeal as early as possible.

4. That as advised by the local counsel, the petitioner could not come to Guwahati due to sudden illness of her minor daughter. The petitioner could come to Guwahati only on 06.07.2018 and consulted the present counsel at Guwahati, and handed over all the necessary documents for filing appeal. Thereafter, the counsel at Guwahati took some time for preparation of appeal and filed the same on 13.07.2018. Hence, there Page No.# 4/4

is a delay of 322 days in filing the connected appeal."

Upon hearing the learned counsels appearing for the parties and upon consideration of the grounds urged, this Court is of the view that the grounds urged can be considered to be sufficient explanation of the delay that has occurred in filing the accompanying appeal. The explanation put forth for the delay that has occurred does not reveal any mala fides nor can it be seen as a dilatory strategy. On the grounds urged in the I.A., this Court finds that the delay that had occurred in filing the accompanying appeal can be condoned. Relying upon the principle laid down in N. Balakrishnan -Vs- M. Krishnamurthy reported in (1998) 7 SCC 123, the delay of 322 days in filing the accompanying appeal against the Judgment and Order dated 19.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon, Assam in MAC Case No. 56/2014 is hereby condoned.

Interlocutory Application is accordingly allowed and disposed of.

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

JUDGE

Comparing Assistant