Page No.# 1/4 vs The Oriental Insurance Company ...
2022 Latest Caselaw 4385 Gua

                                                               Page No.# 1/4

GAHC010042172019




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

                        Case No. : I.A.(Civil)/737/2019

         TASLIMA KHATUN @ TASIMA KHATUN AND 3 ORS
         W/O LATE ANOWAR HUSSAIN, R/O VILL. GOLAGAON, P.O. GOLAGAON,
         P.S. GOBARDHANA, DIST. BAKSA, PIN 781327, BTAD, ASSAM.

         2: TARIFUL ISLAM
          S/O LATE ANOWAR HUSSAIN
          REPRESENTED BY APPELLANT/CLAIMANT NO. 1 TASLIMA KHATUN @
         TASIMA KHATUN
          MOTHER OF APPELLANT / CLAIMANT NO. 2 (MINOR)
         R/O VILL. GOLAGAON
          P.O. GOLAGAON
          P.S. GOBARDHANA
          DIST. BAKSA
          PIN 781327
          BTAD
         ASSAM.

         3: MANOWARA KHATUN
          MOTHER OF LATE ANOWAR HUSSAIN
          R/O VILL. GOLAGAON
          P.O. GOLAGAON
          P.S. GOBARDHANA
          DIST. BAKSA
          PIN 781327
          BTAD
         ASSAM.

         4: ABDUL RAHMAN
          FATHER OF LATE ANOWAR HUSSAIN
          R/O VILL. GOLAGAON
          P.O. GOLAGAON
          P.S. GOBARDHANA
          DIST. BAKSA
          PIN 781327
                                                                       Page No.# 2/4

             BTAD
             ASSAM

            VERSUS

            THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS
            GUWAHATI REGIONAL OFFICE, G.S. ROAD, ULUBARI, GUWAHATI 781007,
            KAMRUP (M), ASSAM (INSURER OF VEHICLE BEARING REGD. NO. AS-15C-
            8434 (DUMPER) AND TEMPORARY REGD. NO. AS-01BG-TEMP 3295) POLICY
            NO. 322301/31/2017/9544 VALID UP TO 29/01/2018, REPRESENTED BY ITS
            REGIONAL MANAGER

            2:SHREE GAUTAM CONSTRUCTION CO. LTD.
             4TH FLOOR
             AMAZE TOWER
             A.T. ROAD
             OPP. PANBAZAR OVER BRIDGE
             BEAT NO. 14
             PALTAN BAZAR
             GUWAHATI
             DIST. KAMRUP (M)
             PIN CODE 781008
             ASSAM (OWNER OF VEHICLE BEARING REGD. NO. AS-15C-8434
            (DUMPER) AND TEMPORARY REGD. NO. AS-01BG-TEMP-3295)

            3:RAFIQUL ISLAM
             S/O RUSTAM ALI
             R/O VILL. PURABHARAL
             P.S. AND DIST. BARPETA
             PIN CODE 781316
            ASSAM (DRIVER OF OFFENDING VEHICLE BEARING REGD. NO. AS-15C-
            8434 (DUMPER) AND TEMPORARY REGD. NO. AS-01BG- TEMP 3295)
            DRIVING LICENSE NO. AS-1420050036834 VALID UP TO 10/11/201

Advocate for the Petitioner   : MR. J KALITA

Advocate for the Respondent : MR. S K GOSWAMI




             Linked Case :

            TASLIMA KHATUN @ TASIMA KHATUN AND 3 ORS
                                                                        Page No.# 3/4


            VERSUS

            THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS

            ------------
            Advocate for :
            Advocate for : appearing for THE ORIENTAL INSURANCE COMPANY LIMITED
            AND 2 ORS



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

11.11.2022

Heard Mr. J. Kalita, learned counsel for the applicants. Also heard Mr. R. Sharma, learned counsel appearing for the respondent No.1. None appears for the respondent No. 3.

By this application under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 312 days in filing the connected appeal against the judgment and order, dated 12.01.2018, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari in M.A.C. Case No. 14/2017.

Office note dated 11.11.2021 shows that notice has been served on the respondent No. 3 vide the A/D card. However, none has entered appearance on his behalf today.

As the notice issued to the respondent No. 2/Shree Gautam Construction Co. Ltd. vide registered post with A/D and through usual process on 17.01.2022 has not been received back, it is deemed served under Order V Rule 9(5) of the CPC.

Page No.# 4/4

After hearing the learned counsel for both sides and considering the grounds cited in Paragraph Nos. 6, 7, 8 and 9, this Court finds that the delay of 312 days has been satisfactorily explained. Therefore, the delay of 312 days in preferring the connected appeal is hereby condoned.

Registry to register the connected appeal and list the same.

The I.A. stands disposed of.

JUDGE

Comparing Assistant