The National Insurance Company ... vs Smti Kalpana Konwar And 2 Ors
2022 Latest Caselaw 1917 Gua

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GAHC010118302020




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

                           Case No. : I.A.(Civil)/1433/2020

          THE NATIONAL INSURANCE COMPANY LIMITED
          REGD HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071, REP.
          BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GHY-
          781005



          VERSUS

          SMTI KALPANA KONWAR AND 2 ORS
          W/O- LATE JOGESWAR KONWAR, R/O- SIMALUGURI GAON, P.O-
          NAVAJYOTI, P.S- BORDUMSA, DIST- TINSUKIA, ASSAM, PIN- 786152

          2:GITANJALI KONWAR
           D/O- LATE JOGESWAR KONWAR
           R/O- SIMALUGURI GAON
           P.O- NAVAJYOTI
           P.S- BORDUMSA
           DIST- TINSUKIA
          ASSAM
           PIN- 786152

          3:JAYANTA SONOWAL
           S/O- LATE KESHAB SONOWAL
           R/-O LAINA UDALGURI GAON
           P.O AND P.S- DOOMDOOMA
           DIST- TINSUKIA
          ASSAM
           PIN- 78615

Advocate for the Petitioner : MS R D MAZUMDAR
Advocate for the Respondent : MS. C PATOWARY
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                                  BEFORE
                      HONOURABLE MR. JUSTICE NANI TAGIA

                                       ORDER

Date : 01.06.2022

Heard Ms. C. Mozumdar, learned counsel for the applicant/ Insurance Company. Also heard Mr. K. J. Saikia, learned counsel, appearing on behalf of respondent No. 1.

None has appeared on behalf of respondent No. 3 though the name of the learned counsel has been shown in the Cause List as appearing on behalf of respondent No. 3.

Office Note, dated 25.03.2022, indicates that notice on respondent No. 2 has been served.

This is an application preferred by the applicant/Insurance Company under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 92 days, in preferring the connected appeal which is directed against the judgment & award, dated 11.09.2019, passed by the learned Member, MACT, Tinsukia, Assam, in MAC Case No. 28/2017.

The reason for the delay in not preferring the connected MAC. appeal within the stipulated time has been explained by the applicant in the accompanying application, stating that the delay of 92 days has occurred due to filing of a review application before the learned Tribunal, seeking the review of the impugned judgment & award, dated 11.09.2019, passed by the learned Member, MACT, Tinsukia, Assam, in MAC Case No. 28/2017, and also on account of the official procedure that was required to be followed after a legal opinion was sought from the dealing Advocate which resulted in the delay of 92 days in preferring the connected appeal.

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Upon consideration of the explanation provided by the applicant/Insurance Company in the accompanying application, as highlighted hereinabove; I am satisfied that there was no laches and negligence on the part of the applicant/Insurance Company and the applicant/Insurance Company was prevented by a sufficient cause in not preferring the connected MAC. appeal within the stipulated time period.

In view of the above, the delay of 92 days in preferring the connected appeal is hereby condoned in the interest of justice.

The interlocutory application stands allowed and accordingly stands disposed of.

Registry shall list the connected appeal for admission hearing in due course by showing the names of Mr. K. J. Saikia, learned counsel, and his associates as well as the names of Ms. C. Patowary, learned counsel, and her associates, as appearing on behalf of their respective respondents in the Cause List.

JUDGE

Comparing Assistant