Shriram General Insurance Co. Ltd vs Smti. Mainu Devi And 3 Ors
2022 Latest Caselaw 865 Gua

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GAHC010093192019




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

                          Case No. : I.A.(Civil)/1500/2019

         SHRIRAM GENERAL INSURANCE CO. LTD.,
         1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
         302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE, 3RD FLOOR, 21,
         JANAPATH, ULUBARI, GUWAHATI- 781007, REP. BY LEGAL OFFICER.



         VERSUS

         SMTI. MAINU DEVI AND 3 ORS.
         W/O- LATE DIPAK KUMAR NATH,
         R/O- VILL.- JOHAMARI, P.S. THELAMARA, DIST.- SONITPUR, ASSAM, PIN-
         784149.

         2:SRI DIPANKAR NATH
          S/O- LATE DIPAK KUMAR NATH

         R/O- VILL.- JOHAMARI
         P.S. THELAMARA
         DIST.- SONITPUR
         ASSAM
         PIN- 784149.

         3:SRI SUNAYAN SAIKIA
          S/O- SRI NRIPEN SAIKIA

         R/O- VILL.- RANGAMATI
         P.S. BIHAGURI
         P.O. RANGAMATI
         DIST.- SONITPUR
         ASSAM
         PIN- 784529. (OWNER OF THE TRUCK NO. AS-07/A-6863).

         4:SRI BIPIN CH. SARMAH
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              S/O- LATE T. CH. SARMAH

             R/O- WARD NO. 1 RANGAPARA
             P.O. AND P.S. RANGAPARA
             DIST.- SONITPUR
             ASSAM
             PIN- 784505. (DRIVER OF THE TRUCK NO. AS-07/A-6863)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. K K DUTTA




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 11.03.2022

Heard Mr. R. Goswami, learned counsel for the applicant.

None has appeared for the opposite party Nos.1 and 2, though the name of Mr. K. K. Dutta, learned counsel representing the opposite party Nos. 1 and 2 have been shown in the Cause-list.

Office Note dated 21.01.2022 indicates that respondents No.3 and 4 have also been served.

This is an application filed under Section 5 of the Limitation Act, 1963, for condonation of delay of 7 days in filing the connected MAC appeal, which appeal is directed against the judgment & award dated 02.11.2018, passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in MAC Case No.2552/2012.

Explaining the delay of 7 days in filing the connected MAC appeal, the applicant in Paragraph-2 of the accompanying application has stated that the judgment & award dated 02.11.2018, passed by the learned Page No.# 3/3

Tribunal was received by the appellant company on 22.11.2018, whereafter some clarification from the Advocate regarding the judgment & award was sought for on 29.11.2018, which clarification was received on 05.12.2018. In the process, there has been a delay of 7 days in filing the connected MAC appeal.

Considering the explanation provided, as indicated hereinabove, I am satisfied that the applicant was prevented by a sufficient cause in not preferring the connected MAC appeal within the stipulated period.

Accordingly, the delay of 7 days in preferring the connected MAC appeal is hereby condoned.

The connected MAC appeal shall now be registered and list it for Admission hearing.

The IA stands allowed and disposed of.

JUDGE

Comparing Assistant