New India Assurance Company Ltd vs Smti. Lilawati Deori And 4 Ors
2022 Latest Caselaw 476 Gua

                                                                    Page No.# 1/3

GAHC010214932019




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

                          Case No. : I.A.(Civil)/3892/2019

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGD. AND HEAD OFFICE AT NEW INDIA ASSU. BUILDING,
         87, MAHATMA GANDHI ROAD, FORT, MUMBAI-400001, AND REGIONAL
         OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY THE CHIEF REGIONAL
         MANAGER.



         VERSUS

         SMTI. LILAWATI DEORI AND 4 ORS
         W/O. LT. RANJIT DEORI, R/O. DEMOW, SANTIPUR, P.O. AND P.S. DEMOW,
         DIST. SIBSAGAR, ASSAM.

         2:TARALI DEORI
          D/O. LT. RANJIT DEORI
          R/O. DEMOW
          SANTIPUR
          P.O. AND P.S. DEMOW
          DIST. SIBSAGAR
         ASSAM.

         3:KRIPAMONI DEORI
          D/O. LT. RANJIT DEORI
          R/O. DEMOW
          SANTIPUR
          P.O. AND P.S. DEMOW
          DIST. SIBSAGAR
         ASSAM.

         4:MAGHEN DEORI
          MOTHER OF DECEASED RANJIT DEORI
          R/O. DEMOW
          SANTIPUR
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              P.O. AND P.S. DEMOW
              DIST. SIBSAGAR
              ASSAM

Advocate for the Petitioner   : MR S DUTTA

Advocate for the Respondent : MR. T CHUTIA

BEFORE

HON'BLE MRS. JUSTICE MALASRI NANDI order 11-02-2022

Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. S. Dutta, learned counsel

for the petitioner.

Though none appears for the claimants/opposite party nos. 1 to 4 today, on earlier

occasions i.e. on 09.09.2021, 26.11.2021 & 09.02.2022, Mr. T. Chutia, learned counsel

entered appearance on behalf of the claimants/opposite party nos. 1 to 4.

The present application has been filed by the petitioner under Section 5 of the

Limitation Act, 1963 praying for condoning the delay of 148 days in filing the appeal against

the judgment and order dated 21.12.2018 passed by Member, Motor Accident Claims

Tribunal, Sivasagar in MAC Case no.34/2013.

Mr. S. Dutta, learned Senior Counsel for the petitioner submits that the delay in filing

the appeal was not intentional but due to the delay in scrutinizing the documents by the

Office as the time was sought for to file the appeal on the point of interest of the awarded

amount and ultimately, the Insurance Company decided to file the appeal as the concerned

lawyer for the Insurance Company advised them to file the appeal as there was a good Page No.# 3/3

ground for filing the appeal on the point of interest .

The claimants/opposite parties did not file any objection on the point of condoning the

delay.

I have perused the records.

No hard and fast rule has been laid down in deciding the matter like delay of

condonation application and that liberal approach should be adopted in dealing with the

matter of condonation.

Accordingly, considering the submission made by the learned Senior Counsel for the

petitioner and, as, no objection has been raised by the other side, the Interlocutory

Application is allowed.

The delay of 148 days in filing the MAC Appeal is condoned.

Registry is directed to register the connected MAC Appeal and list the same after 4

(four) weeks.

Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant