National Insurance Company Ltd vs Sri Bhim Bahadur Sarmah And 4 Ors
2022 Latest Caselaw 385 Gua

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GAHC010196172019




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

                          Case No. : I.A.(Civil)/2752/2019

         NATIONAL INSURANCE COMPANY LTD.,
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI.



         VERSUS

         SRI BHIM BAHADUR SARMAH AND 4 ORS.
         S/O- LATE MON BAHADUR SARMAH.

         2:SRI SIDANANDA SARMAH
          S/O- SRI BHIM BAHADUR SARMAH.

         3:SRI DILIP SARMAH
          S/O- SRI BHIM BAHADUR SARMAH
         ALL ARE RESIDENT OF VILL.- LILABARI TINIALI
          NEAR LILABARI POLICE OUTPOST
          P.S. AND DIST.- NORTH LAKHIMPUR
         ASSAM
          PIN- 787001.

         4:SRI ATUL CHANDRA BORAH
          S/O- LATE LILA BORAH
          R/O- VILL.- RANABARI
          P.O. SINGRA
          NOWBAICHA
          P.S. LALUK
          DIST.- NORTH LAKHIMPUR
         ASSAM
          PIN- 784160. (OWNER OF VEHICLE NO. AS-07/C-0693 (BUS).

         5:SRI INDRA BORAH
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              S/O- LATE BHUDHAR BORAH
              R/O- VILL.- SONAPUR
              NOWBAICHA
              P.S. LALUK
              DIST.- NORTH LAKHIMPUR
              ASSAM
              PIN- 787023. (DRIVER OF VEHICLE NO. AS-07/C-0693 (BUS)

Advocate for the Petitioner     : MR. R GOSWAMI

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                ORDER

Date : 07-02-2022

Heard Mr. R. Goswami, learned counsel appearing for the applicant. Seen the Office Note dated 02.02.2022.

Service upon the respondent nos. 1,2,3,4 and 5 are complete. None appears for the respondents.

This is an application filed under Section 5 of the Limitation Act for condonation of delay of 81 days in preferring the appeal.

The ground for delay in filing the appeal is shown that though the judgment was passed by the Tribunal on 20.06.2018 the certified copy was received on 02.08.2018 by the Advocate and because of inadvertent delay in getting the same by the Divisional Office of the company the delay is occurred.

This Court is of the opinion that the delay has been satisfactorily explained. Accordingly, the delay is condoned.

Registry shall now take steps for registering the connected appeal and list the same for admission hearing.

The IA stands disposed of.

JUDGE

Comparing Assistant