Sri Nripen Barman vs The New India Assurance Co. Ltd. ...
2022 Latest Caselaw 4361 Gua

                                                                         Page No.# 1/2

GAHC010084402019




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

                              Case No. : I.A.(Civil)/1328/2019
                                        in MACApp./3246/2019

            SRI NRIPEN BARMAN
            S/O- LATE MADAN BARMAN, VILL.- KATHALBAR, P.O. KATHALBARI,
            DIST.- NALBARI, ASSAM, PIN- 781333.



            VERSUS

            THE NEW INDIA ASSURANCE CO. LTD. AND ANR
            A PUBLIC SECTOR UNDERTAKING HAVING ITS REGD. OFFICE AT MUMBAI
            AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5,
            (INSURER OF THE VEHICLE NO. AS-01-BM-3162).



Advocate for the Petitioner    : MR. S C PANDIT

Advocate for the Respondent : MR. K K BHATTA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

09.11.2022

Heard Shri S. C. Pandit, learned counsel for the applicant, who by means of this application has prayed for condonation of delay of 112 days in preferring the connected appeal with regard to the judgment and order dated 31.07.2018 passed by Page No.# 2/2

the learned MACT, Nalbari in MAC Case No. 247 (injury)/2016.

The learned counsel has submitted that by the accident, the right leg of the petitioner had to be amputated and therefore, he was not in a position to prefer the Appeal in time for which there was a delay of 112 days.

Shri K.K. Bhatta, learned counsel for the Insurance Company submits that the delay is not a small one. However, he fairly submits that a just decision be taken on the aspect of delay.

Considering the reasons assigned and after hearing the parties, the instant application is allowed and the delay of 112 days in preferring the appeal in connection with the judgment and order dated 31.07.2018 passed by the learned MACT in MAC Case No. 247 (injury) /2016 is condoned.

The Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant