Sbi General Insurance Co. Ltd vs Sri Kukheswar Gogoi And 3 Ors
2022 Latest Caselaw 2465 Gua

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GAHC010100032019




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

                         Case No. : I.A.(Civil)/3369/2019

         SBI GENERAL INSURANCE CO. LTD.,
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
         ROAD, ANDHERI (EAST), MUMBAI- 400069 WITH AND OFFICE AT 2ND
         FLOOR, LAKSHMI DARSHAN BUILDING, ULUBARI (OPPOSITE BORA
         SERVICE) GUWAHATI, ASSAM, PIN- 781007.



         VERSUS

         SRI KUKHESWAR GOGOI AND 3 ORS.
         S/O- LATE BHUBAN GOGOI, R/O- VILL.- HARMOTIGARH, P.S.
         NARAYANPUR, DIST.- LAKHIMPUR, ASSAM, PIN- 784164.

         2:MRS. GITANJALI BHAGAWATI
         W/O- SRI RAMEN SARMAH
          R/O- NABARUN PATH
          H/NO. 33
          JATIA
          KAHILIPARA
          GUWAHATI
          DIST.- KAMRUP
         ASSAM
          PIN- 781019. (OWNER OF THE VEHICLE NO. AS-01-FC-9198 (INNOVA CAR).

         3:SURUJ JAMAL
          S/O- J. SHIK
          R/O- VILL.- RAJAPUKHURI
          P.O. CHAMAAKHAT
          DIST.- DARRANG
         ASSAM
          PIN- 781150. (DRIVER OF THE VEHICLE NO. AS-01-FC-9198 (INNOVA CAR).

         4:UNITED INDIA INSURANCE CO. LTD.
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             REGIONAL OFFICE
             CHRISTIANBASTI
             GUWAHATI-5
             KAMRUP
             ASSAM. (INSURER OF THE VEHICLE NO. AS-01-FC-9198)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MS. M CHOUDHURY




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 25.07.2022

Heard Mr. R. Goswami, the learned counsel appearing on behalf of the Applicant and Ms. M. Choudhury, the learned counsel appearing on behalf of the Opposite Party No.4.

In pursuant to the order dated 24.05.2022, the applicant has taken steps by way of Paper Publication upon the Respondent Nos.1, 2 and 3 and in that regard has filed an Affidavit on 11.07.2022 enclosing the Paper Publication made in the Assamese Daily Newspaper "Aamar Axom" on 13.02.2022 and the English Daily Newspaper "The Assam Tribune" on 25.06.2022. Under such circumstances, the service upon the Respondent Nos. 1, 2 and 3 is deemed to be completed.

I have heard Mr. R. Goswami, the learned counsel on the application of condonation of delay of 64 days in filing the connected MAC Appeal against the judgment and award dated 22.11.2018 passed by the learned Member, MACT No.3, Kamrup (M) in MAC Case No.1687/2015.

Upon perusal of the grounds, this Court is of the opinion that the same Page No.# 3/3

constitutes a sufficient cause for condoning the delay of 64 days in preferring the appeal. Accordingly, the instant application stands allowed by condoning the delay of 64 days.

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

JUDGE

Comparing Assistant