Gauhati High Court
National Insurance Co. Ltd vs Shri Sanjay Basumatary And 5 Ors on 11 February, 2022
Page No.# 1/4
GAHC010012242019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/230/2019
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET,
KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT G.S. ROAD,
BHANGAGARH, GUWAHATI 781005
VERSUS
SHRI SANJAY BASUMATARY AND 5 ORS
S/O LATE ANDRESH BASUMATARY, PERMANENT R/O NO. 2 MURKONG
SELEK, P.O. AND P.S. JONAI, DIST. DHEMAJI, ASSAM, PIN 787060
PRESENT R/O PATORKUCHI, P.O. BELTOLA, P.S. BASISTHA, DIST. KAMRUP
(M), ASSAM, PIN 781029
2:MISS NIKUNJA BASUMATARY
D/O SHRI SANJAY BASUMATARY
PERMANENT R/O NO. 2 MURKONG SELEK
P.O. AND P.S. JONAI
DIST. DHEMAJI
ASSAM
PIN 787060
PRESENT R/O PATORKUCHI
P.O. BELTOLA
P.S. BASISTHA
DIST. KAMRUP (M)
ASSAM
PIN 781029
3:MASTER DIMPLE BASUMATARY
S/O SHRI SANJAY BASUMATARY
PERMANENT R/O NO. 2 MURKONG SELEK
P.O. AND P.S. JONAI
DIST. DHEMAJI
Page No.# 2/4
ASSAM
PIN 787060
PRESENT R/O PATORKUCHI
P.O. BELTOLA
P.S. BASISTHA
DIST. KAMRUP (M)
ASSAM
PIN 781029
4:MASTER KRISHNAMONI BASUMATARY
S/O SHRI SANJAY BASUMATARY
PERMANENT R/O NO. 2 MURKONG SELEK
P.O. AND P.S. JONAI
DIST. DHEMAJI
ASSAM
PIN 787060
PRESENT R/O PATORKUCHI
P.O. BELTOLA
P.S. BASISTHA
DIST. KAMRUP (M)
ASSAM
PIN 781029
5:DILIP PEGU
S/O LATE GANESWAR PEGU
R/O DHEMAJI IRRIGATION COLONY
P.O. ARADHOL
P.S. DHEMAJI
DIST. DHEMAJI
ASSAM
PIN 787057
6:DHONESH PEGU
S/O SHRI DILIP PEGU
R/O WARD NO. 3
DHEMAJI
P.S. DHEMAJI
DIST. DHEMAJI
ASSAM
PIN 78705
Advocate for the Petitioner : MR. A J SAIKIA
Advocate for the Respondent : MR. A BARUAH
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Linked Case :
NATIONAL INSURANCE CO. LTD
VERSUS
SHRI SANJAY BASUMATARY AND 5 ORS
------------
Advocate for :
Advocate for : appearing for SHRI SANJAY BASUMATARY AND 5 ORS
BEFORE
HON'BLE MRS. JUSTICE MALASRI NANDI
11.02.2022
Heard Mr. A.J. Saikia, learned counsel appearing for the applicant/petitioner as well as
Ms. A.G. Choudhury, learned counsel appearing for the respondent nos. 1 to 4. None appears
for the respondent nos. 5 and 6.
The order dated 14.12.2020 shows that the respondent nos. 5 and 6 wanted to file
their objections but none appears today on call.
This is an application under Section 5 of the Limitation Act, 1963 for codonation of
delay of 430 days in filing the MAC Appeal against the judgment and award dated 20.07.2017
passed by the learned Member, MACT No. 3, Kamrup (M), Kamrup in MAC Case No.
723/2013.
The learned counsel for the applicant submits that delay of 430 days in filing the
appeal, which is not intentional. As the Review petition filed before the Tribunal against the
order dated 20.07.2017, which was dismissed and thereafter, the appeal was preferred. Due
to such official process, there was a delay of 430 days in filing the appeal.
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On the other hand, the learned counsel for the opposite party nos. 1 to 4/claimants
submits that she has no objection if the prayer for condonation is allowed.
This is a case pertaining to Motor Vehicle Accident and it is submitted that there are
good grounds to be shown by the appellant/petitioner to reduce the amount of compensation
passed by the learned Member, MACT No. 3, Kamrup (M).
Under such backdrop, the prayer of the applicant is allowed by condoning the delay.
Accordingly, the delay of 430 days is condoned.
I.A. stands disposed of.
Registry is directed to register the main appeal and list the case in the admission
column accordingly.
JUDGE
Comparing Assistant
