Gauhati High Court
Page No.# 1/3 vs Regional Manager And 3 Ors on 3 January, 2022
Page No.# 1/3
GAHC010091212015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/1192/2015
SMTI GITA MONI DEKA and 2 ORS,
W/O LATE RAMANI KANTA DEKA, VILL. SIPAJHAR MAROI, P.S. SIPAJHAR,
DIST. DARRANG, ASSAM PRESENT ADDRESS SMTI GITA MONI DEKA, C/O
HEMA KANTA BORDOLOI, VILL. MORIATI NA BHETI, WARD NO. 5, P.O. and
P.S. MORIGAON, DIST. MORIGAON, ASSAM, PIN 782105
2: GININDA NATH DEKA MINOR
S/O LATE RAMANI KANTA DEKA
3: UMESH CH. DEKA MINOR
S/O LATE RAMANI KANTA DEKA
CLAIMANTS/APPELLANTS NOS. 2 and 3 ARE MINORS WHO ARE
REPRESENTED BY THE CLAIMANT/APPELLANT NO. 1 WIFE OF THE
DECEASED AND MOTHER OF THE CLAIMANTS / APPELLANTS NOS. 2 and
VERSUS
REGIONAL MANAGER and 3 ORS,
ORIENTAL INSURANCE CO LTD., ULUBARI, GUWAHATI-7 BRANCH OFFICE
NAGAON, INSURER OF VEHICLE NO. AS-02-E-3145, TATA WINGER
2:ROHIT KR. SINGH
S/O SRI RAJENDR SINGH
VILL. KAWAIMARI
P.O. HAIBARGAON
P.S. NAGAON
DIST. NAGAON
ASSAM OWNER OF VEHICLE NO. AS-02-E-3145
TATA WINGER
3:DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD.
Page No.# 2/3
DIVISION-2
BHANGAGARH
GUWAHATI-5 BRANCH OFFICE TEZPUR INSURER OF VEHICLE NO. AS-
01/S-1314
BU
Advocate for the Petitioner : MR.M TALUKDAR
Advocate for the Respondent : MSP DEHINGIAR-3
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 03.01.2022
Heard Mr. M Talukdar, learned counsel for the applicant/appellant and Mr. SK
Goswami, learned counsel for the opposite party Insurance Company. Also heard Ms. S
Musahary, learned counsel for the opposite party No.3 and Mr. G Bokalia, learned counsel
for the opposite party No.4.
This is an application under Section 5 of the Limitation Act praying for condoning
delay of 347 days in filing the connected appeal.
The husband of the applicant/appellant died in a motor accident and after filing of
the claim petition, she was given compensation. The compensation amount has already
been paid to the applicant/appellant and thereafter she decided to file an appeal which
was filed after a delay of 347 days . While filing the appeal, the applicant/ appellant filed
the present petition stating the reasons for delay in filing the appeal. The certified copy
of the Judgment and award was received by her on 17.01.2014 and after meeting her
lawyer, the appeal was filed.
The applicant/appellant has submitted that she hails from a remote district of
Morigaon without a male member in her family. She further submitted that there was
none to look after her minor children. The applicant has disclosed that she was suffering
from chronic piles for a long time and to that effect she has now filed one medical
document.
Page No.# 3/3
Mr. Goswami has objected to the above submission by filing an affidavit-in-
opposition. In order to buttress his submission, Mr. Goswami has cited a Judgment
rendered by this Court in the case of State of Assam -vs- Mariam Nessa reported in 2001
(3) GLT 298. On the basis of the said Judgment, Mr. Goswami has submitted that there is
no equity for delay in filing the appeal.
Mr. Talukdar on the other hand submits that the learned tribunal erroneously
calculated the compensation and thereby deprived the applicant from adequate
compensation. Mr. Talukdar has pointed out that nothing was awarded on account of or
future prospects.
I have given my anxious consideration to the submissions made by the learned
counsel for both sides. This court is of the opinion that in order to dispense justice to the
applicant, the delay should be condoned. Therefore, the delay of 347 days in filing the
appeal stands condoned. The connected appeal shall be registered and the same be
listed for admission hearing.
Copy of the memo of appeal be provided to Mr. Goswami during the course of the
day.
The miscellaneous application stands disposed off.
JUDGE
Comparing Assistant
