Md Abdur Rashid vs Oriental Insurance Co. Ltd And Anr
2022 Latest Caselaw 386 Gua

                                                                          Page No.# 1/2

GAHC010254082019




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

                               Case No. : I.A.(Civil)/3540/2019

            MD ABDUR RASHID
            S/O LT. AHMED ALI, R/O- VILL. RAJAGADHUA, P.S. LAHARIGHAT, MOUZA-
            LAHARIGHAT, DIST. MORIGAON, ASSAM. PIN- 782127.



            VERSUS

            ORIENTAL INSURANCE CO. LTD AND ANR
            REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE,
            ULUBARI, GUWAHATI-7.

            2:MD. BABAR ALI
             S/O MD. SUKUR ALI
             R/O- VILL. MOHMARI PATHER
             P.S. LAHARIGHAT
             MOUZA- LAHARIGHAT
             DIST. MORIGAON
            ASSAM. PIN- 782127

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. S P SHARMA




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 07-02-2022

Heard Mr. M. Talukdar, learned counsel for the appellant. Also heard Ms. C.

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Mozumder, learned counsel for the respondent.

This is an application under section 173(1) of the MV Act read with section 5 of the Limitation Act, 1963, for condonation of delay of 142 days in filing the appeal. .

Learned counsel for the applicant has submitted that as the claimant/appellant was under treatment for which there was a delay in filing the appeal. On the other hand, the learned counsel for the respondent Insurance Company submits that though there is 142 days delay in filing the appeal but no medical documents was filed after passing of the judgment to that effect for causing such delay.

I have carefully gone through the record along with the medical document. It reveals that the accident occurred in the year 2013, as a result of which, the appellant sustained grievous injuries on his leg causing fracture and plastic surgery was done. Therefore, it is obvious that he was confined to bed for some time.

Law on the point of condonation of delay in filing the appeal has been well settled. No hard and fast rule can be laid down in dealing with the application for condonation of delay and that a liberal approach should be adopted in condoning the delay.

Under such backdrop, prayer for condonation of delay of 142 days is allowed. Delay is condoned.

The I.A stands disposed of accordingly.

Registry is directed to register the appeal.

JUDGE

Comparing Assistant