Anupam Hazarika vs Oriental Insurance Company ...
2022 Latest Caselaw 545 Gua

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GAHC010046762020




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

                                Case No. : I.A.(Civil)/815/2021

            ANUPAM HAZARIKA
            S/O- SRI RUPAK HAZARIKA, R/O- APHUA GAON, P.O. AND P.S. DERGAON,
            DIST.- GOLAGHAT, ASSAM, PIN- 785614.



            VERSUS

            ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS.
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27
            ASAF ALI ROAD, NEW DELHI- 110002 WITH ONE OF ITS REGIONAL OFFICE
            AT G.S. ROAD, ULUBARI, GUWAHATI-7, REP. BY ITS REGIONAL
            MANAGER. (INSURER OF THE VEHICLE NO. AS02-Q-2083).

            2:SMTI. KOCHILA RABI DAS
            W/O- LATE PANUWA RABI DAS
             R/O- RANGOLITING TEA ESTATE
             P.O. RANGAMATI
             P.S. DERGAON
             DIST.- GOLAGHAT
            ASSAM
             PIN- 785614.

            3:MD. INTAJUL HOQUE
             S/O- LATE MUHIYATDDIN AHMED
             R/O- MOUKHOWA
             P.O. MOUKHOWA
             P.S. KAMARGAON
             DIST.- GOLAGHAT
            ASSAM
             PIN- 785702

Advocate for the Petitioner   : MR. M DUTTA
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Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : --16.02.2022

Heard Mr. M. Dutta, learned counsel for the applicant/owner. This is an application under Section 5 of the Limitation Act, 1963 to condone the delay of 181 days in filing the appeal against the judgment and award dated 28.05.2019, passed in MAC Case No. 2539/2015 by the learned Member Motor Accident Claims Tribunal, Kamrup (M), Guwahati.

Issue notice to the respondents returnable within six weeks. The applicant is to take steps within seven days by registered posts with AD as well as by other usual process.

Learned counsel for the applicant further submits that one MAC Case bearing No. 471/2019, arising out of the same judgment and same cause of action, pending in this Court and he wants to serve notice to respondent no. 1/Insurance Company already appeared in that MAC case by hand and also prays to tag the same with the present case. Prayer is allowed.

Issue notice to the respondent no. 2 and 3 accordingly.

Registry to tag the MAC Case No. 471/2019 with the present case.

List the matter again after six (6) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant