Sadnur Ali vs Regional Manager United India ...
2022 Latest Caselaw 4284 Gua

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GAHC010296522019




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

                                Case No. : I.A.(Civil)/934/2020

            SADNUR ALI
            BROTHER OF RAHUL AMIN, (INJURED), S/O LATE FARID ALI, R/O
            VILLAGE BARIJAINI, P.S. HAJO, DIST. KAMRUP, ASSAM


            VERSUS


            REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. AND 2 ORS
            G.S. ROAD, CHRISTIANBASTI, GUWAHATI-781005, DIST. KAMRUP(METRO),
            ASSAM.

            2:MD. GAHAR ALI
             S/O FAJIR ALI
             R/O VILLAGE AGYATHURY
             P.S. HAJO
             DIST. KAMRUP
            ASSAM
             PIN 781104.

            3:SRI BUDHAN DAS
             S/O K.H.DAS
             R/O HAJO
             P.O. AND P.S. HAJO
             DISTRICT NAGAON (ASSAM)

Advocate for the Petitioner   : MS M BORAH

Advocate for the Respondent : MR A N DAS (r-1)
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                                         BEFORE
                   HON'BLE MRS. JUSTICE MALASRI NANDI
                                         ORDER

04.11.2022 Heard Ms M Borah, learned counsel for the applicant and Mr A N Das, learned

counsel for the respondent/Insurance Company.

The petitioner has preferred this application under Section 5 of the Limitation Act,

1963, praying for condoning the delay of 141 days in filing appeal against the Judgment

and order dated 11.04.2019, passed by the learned Member, MACT-II, Kamrup (Metro),

at Guwahati, in MAC Case No. 749/2014.

It is submitted by the learned counsel for the applicant that after passing of the

Judgment, though the applicant applied for certified copy of the Judgment but due to

illness of the applicant, he was not in a position to communicate his counsel to file

appeal against the Judgment and order. Subsequently, the counsel of the petitioner also

took time to prefer the appeal. By this time, there has been a delay of 141 days.

On the other hand, the learned counsel for the Insurance Company has filed

objection by stating that no proper explanation has been given regarding the delay in

filing the appeal, which is total inaction and negligence on the part of the

applicant/petitioner. As such, he has prayed that the prayer for condonation of delay

made by the applicant may be rejected.

I have gone through the contentions raised in the petition as well as the memo of

appeal and the Judgment of the learned Tribunal.

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Considering the facts and circumstances of the case as well as the submissions made

before this Court, I think that the matter should be decided on merit. Hence, the prayer

of the petitioner is allowed.

Accordingly, the delay of 141 days is condoned.

Registry is directed to register the connected appeal and list the matter in admission

column.

JUDGE

Comparing Assistant