Oriental Insurance Company Ltd vs Sri Robin Ch. Saikia And 3 Ors
2022 Latest Caselaw 2337 Gua

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GAHC010194792019




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

                         Case No. : I.A.(Civil)/3231/2019

         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, REP.
         BY THE REGIONAL MANAGER.



         VERSUS

         SRI ROBIN CH. SAIKIA AND 3 ORS.
         S/O- LATE RATNESWAR SAIKIA, (HUSBAND OF THE DECEASED).

         2:SRI BHARGAV PRATIM SAIKIA
          S/O- SRI ROBIN CH. SAIKIA
          BOTH ARE R/O- JALAHGAON
          P.O. HALOWAGAON
          P.S. SAMAGURI
          DIST.- NAGAON
         ASSAM AND TEMPORARY ADDRESS- DIMORUGURI
         AMTOLA PATH
          P.S. AND DIST.- NAGAON
         ASSAM.

         3:SRI SUNIL KUMAR AGARWAL
          S/O- SRI RAGHUBIR PRASAD AGARWAL
          R/O- SMS ROAD
          HAIBARGAON
          P.O. HAIBARGAON
          P.S. SADAR
          DIST.- NAGAON
         ASSAM. (OWNER OF VEHICLE NO. AS-02-6721 (TRUCK).

         4:SRI SURENDRA VERMA
          S/O- LATE ROMONI VARMA
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             R/O- SENCHOWA DEKAGAON
             P.O. SENCHOWA
             DIST.- NAGAON
             ASSAM

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR G BOKALIAL

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

18.07.2022

Heard Ms. M. Choudhury, the learned counsel appearing on behalf of the applicant and Mr. A. A. Hussain, the learned counsel for the respondent Nos. 1 & 2.

It appears on record that this Court vide an order dated 23.05.2022 had directed the applicant to take steps by way of paper publication and file an affidavit including the newspaper in which the publication has been made.

It appears from the record that an affidavit has been filed on 23.06.2022 bringing on record the newspaper "The Assam Tribune" dated 14.06.2011 wherein the paper publication has been made.

Taking into account the said paper publication so made, the service upon the respondent Nos. 3 & 4 is deemed to have been served.

I have also heard the learned counsels for the parties on the application filed under Section 5 of the Limitation Act for condoning the delay of 14 days in filing the accompanying appeal against the judgment Page No.# 3/3

and order dated 02.04.2019 passed by the Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.437/2016.

The ground assigned in the said application seems to be reasonable and constitute a sufficient cause within the meaning of Section 5 of the Limitation Act, 1963.

Consequently, the said delay of 14 days in filing the accompanying appeal is condoned.

Registry is directed to number the connected appeal and list it for admission.

The I.A. stands disposed of.

JUDGE

Comparing Assistant