Smt. Chaya Sangma vs Oriental Insurance Co. Ltd. And ...
2022 Latest Caselaw 1595 Gua

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GAHC010165962021




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

                                Case No. : I.A.(Civil)/1980/2021

            SMT. CHAYA SANGMA
            W/O PILOT MARAK, R/O VILL-NO. 6 INDRA NAGAR, P.S.-BAITHALANGSU,
            PIN-782450, DIST-KARBI ANGLONG, ASSAM, P/R/A VILL-NAKHULA
            JAGIROAD, P.S. AND P.O.-JAGIROAD, PIN-782426, DIST-MORIGAON, ASSAM



            VERSUS

            ORIENTAL INSURANCE CO. LTD. AND ANR.
            REGIONAL MANAGER, GS ROAD, GUWAHATI-781005, KAMRUP(M),
            ASSAM

            2:PRADIP SIL
             S/O LATE H. P. SIL
             R/O VILL-DIPHU
             P.S.-DIPHU
             PIN-782460
             DIST-KARBI ANGLONG
            ASSA

Advocate for the Petitioner   : MR. A BARUAH

Advocate for the Respondent : MS. R D MOZUMDAR (R-1)
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                                BEFORE
                    HONOURABLE MR. JUSTICE NANI TAGIA

                                    ORDER

Date : 12.05.2022

Heard Mr. A. Baruah, learned counsel for the applicant. Also heard Ms. C. Mozumdar, learned counsel for the opposite party No. 1/Insurance Company.

None has appeared on behalf of respondent No. 2 though the name of Mr. J. Das, learned counsel, has been shown in the Cause List as appearing on behalf of the respondent No. 2.

This is an application preferred by the applicant under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 134 days, in preferring the connected appeal which is directed against the judgment & award, dated 03.06.2019, passed by the learned Member, MACT, Morigaon, in MAC Case No. 25/2016(D).

The reasons for the delay in not preferring the connected MAC. appeal within the stipulated time have been explained in paragraphs No. 3 to 6 of the accompanying application stating that the delay has occurred due to financial hardship of the applicant who could not manage to come down to Guwahati to engage an Advocate to prefer an appeal and was waiting to receive the awarded amount. After the awarded amount was received from the office of the Insurance Company, the applicant immediately contacted an Advocate at Guwahati for preferring an appeal but due to the protest going on at the Page No.# 3/3

relevant point of time against the Citizenship Amendment Act, 2019, she could not come down to Guwahati immediately as a result, there has been a delay of 134 days in preferring the appeal.

Upon perusal of the explanation provided in paragraphs No. 3 to 6 of the accompanying application, I am satisfied that there was no laches and negligence on the part of the applicant and the applicant 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 134 days in filing the connected appeal is hereby condoned.

The interlocutory application stands allowed and accordingly stands disposed of.

Registry shall register the connected appeal and list it for admission hearing in due course.

JUDGE

Comparing Assistant