Oriental Insurance Company ... vs Smti. Premolata Devi And 3 Ors
2022 Latest Caselaw 1562 Gua

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GAHC010091722019




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

                         Case No. : I.A.(Civil)/2309/2019

         ORIENTAL INSURANCE COMPANY LIMITED
         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

         SMTI. PREMOLATA DEVI AND 3 ORS.
         W/O- LATE RISHEKESH TIMSINA, R/O- VILL.- TUPIA, P.O. NAHARBARI, P.S.
         JAMUGURIHAT, DIST.- SONITPUR, ASSAM.

         2:SRI PRASANTA BHAGAWATI
          S/O- LATE DEBESWAR BHAGAWATI
          R/O- VILL.- TUPIA
          NAHARBARI
          P.O. NAHARBARI
          P.S. JAMUGURIHAT
          DIST.- SONITPUR
         ASSAM. (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-12/C-
         9777 (407 TRUCK).

         3:SRI PRABIN BORAH
          S/O- SRI SOMESWAR BORAH
          R/O- VILL.- TUPIA
          NAHARBARI
          P.O. NAHARBARI
          P.S. JAMUGURIHAT
          DIST.- SONITPUR
         ASSAM. (DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-
         12/C-9777 (407 TRUCK).

         4:NATIONAL INSURANCE CO. LTD.
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            TEZPUR BRANCH
             SONITPUR
            ASSAM. (INSURER OF THE VEHICLE BEARING REGISTRATION NO. AS-
            12/N-9089 (SUPER SPLENDER MOTORCYCLE)

Advocate for the Petitioner    : MR SISHIR DUTTA

Advocate for the Respondent : MS. R D MOZUMDAR




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                            ORDER

Date : 11.05.2022 Heard Ms. M. Choudhury, learned counsel for the applicant. Also heard Ms. N. Barman, learned counsel for the opposite party No.1 and Ms. R. D. Mozumdar, learned counsel for the opposite party No.4.

Office Note dated 31.01.2022 indicates that respondents No.2 and 3 have also been served.

This is an application filed under Section 5 of the Limitation Act, 1963, for condoning the delay of 39 days in filing the connected MAC appeal, which appeal is directed against the judgment & order dated 10.12.2018, passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No.100/2016(D).

The reason for delay of 39 days in filing the connected MAC appeal has been explained in paragraph-6 of the accompanying application stating that the delay had occurred in following the official procedure of the Insurance Company such as obtaining approval from the Regional office and the legal opinion from the Advocate.

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Upon perusal of the explanation provided in paragraph-6 of the accompanying application, 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 39 days in preferring the connected MAC appeal is hereby condoned.

The connected MAC appeal shall now be registered and list it for Admission hearing, after 1(one) week.

The I.A stands allowed and disposed of.

JUDGE

Comparing Assistant