Oriental Insurance Company Ltd vs Kamana Bala Das And 4 Ors
2022 Latest Caselaw 434 Gua

                                                                   Page No.# 1/3

GAHC010226422019




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

                         Case No. : I.A.(Civil)/3451/2019

         ORIENTAL INSURANCE COMPANY 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

         KAMANA BALA DAS AND 4 ORS.
         W/O. LATE RAMAN CH. DAS, R/O- VILL.- BHOWRAGURI, P.O.- SHILBARI,
         P.S.- BIJNI, DIST- CHIRANG (BTAD), ASSAM.

         2:RASMI DAS
          D/O. LATE RAMAN CH. DAS
          R/O- VILL.- BHOWRAGURI
          P.O.- SHILBARI
          P.S.- BIJNI
          DIST- CHIRANG (BTAD)
         ASSAM.

         3:THAKUR DAS RAJBANGSHI
          F/O. LATE RAMAN CH. DAS
          R/O- VILL.- BHOWRAGURI
          P.O.- SHILBARI
          P.S.- BIJNI
          DIST- CHIRANG (BTAD)
         ASSAM.

         4:GOURI RAJBANGSHI
         W/O THAKUR DAS RAJBANGSHI
          M/O. LATE RAMAN CH. DAS
          R/O- VILL.- BHOWRAGURI
          P.O.- SHILBARI
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             P.S.- BIJNI
             DIST- CHIRANG (BTAD)
             ASSAM

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MRS. P B HAZARIKA




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 09-02-2022

Heard Mr. M. Mahanta, learned counsel for the applicant. Also heard Mr. S. Ali, the leaned counsel appearing for the respondent no. 1, 2 and 4.

This is an application under section 173 of the Motor Vehicle Act, 1988, read with section 5 of the Limitation Act, 1963 filed by the appellant/ Insurance Company praying for condoning the delay of 51 days in filing the appeal against the Judgment and order dated 30.03.2019, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 105/2018.

Learned counsel for the Insurance Company submits that delay was not intentional and due to official process there was delay in filing the appeal. It is further submitted that a large sum of public money is involved in the case and prayed to condone the delay.

On the other hand learned counsel for the respondent/claimant submits that he has no objection if the delay is condoned subject to payment of 80% of the awarded amount.

However, 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 liberal approach in condoning the delay of short duration and a stricter approach, where the delay is inordinate, should be adopted. In the instant case, it appears that there was delay of 51 days.

Under such backdrop, prayer of the applicant is allowed. Delay of 51 days is condoned.

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Registry is directed to register the connected MAC appeal.

I.A stands disposed of accordingly.

JUDGE

Comparing Assistant