National Insurance Company ... vs Sri Padumi Das And 2 Ors
2022 Latest Caselaw 4388 Gua

                                                                 Page No.# 1/3

GAHC010032142019




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

                         Case No. : I.A.(Civil)/585/2019

         NATIONAL INSURANCE COMPANY LIMITED
         SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA,
         7000471, REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL
         OFFICE, BHANGAGARH, GUWAHATI781005



         VERSUS

         SRI PADUMI DAS AND 2 ORS
         D/O SRI GIRINDRA NATH DAS,
         R/O VILLAGE KHOLIHAGURI,
         PO AND PS TIHU, DIST NALBARI ASSAM 781371
         PRESENT ADDRESS
         C/O SRI ANIL DAS,
         R/O BELTOLA. PO BELTOLA, PS BASISTHA, DIST KAMRUP ASSAM, 781028

         2:SRI PRADIP KR. DEKA

          S/O LATE RAJENDRA DEKA

         R/O VILLAGE CHARALPARA
         PO BHAWKAMARI
         PS PATACHARKUCHI
         DIST BARPETA
         ASSAM
         781318
         OWNER

         3:SRI SURANJIT NATH
          S/O SRI BAIKUNTHA NATH

         R/O VILLAGE ANANDAPUR (UTTARBALA SUPA)
                                                                       Page No.# 2/3

            PO NITYANANDA
            PS PATACHARKUCHI
            DIST BARPETA
            ASSAM 78132

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. A R AGARWALA




             Linked Case :

            NATIONAL INSURANCE COMPANY LIMITED



             VERSUS

            SRI PADUMI DAS AND 2 ORS



            ------------
            Advocate for :
            Advocate for : appearing for SRI PADUMI DAS AND 2 ORS



                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

11.11.2022

Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. A.R. Agarwala, learned counsel for the respondent No. 1/claimant.

By this application under Second Proviso to Section 173 of the M.V. Act read with Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 157 days in filing the connected appeal against the judgment and Page No.# 3/3

award, dated 23.03.2018, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati in M.A.C. Case No. 1246/2011.

Notice issued by registered post with A/D for service on the respondent No. 2 on 15.10.2019 has not been received back.

In view of the above, notice is deemed served on the respondent No. 2.

Service is complete in respect of the respondent No. 3.

After hearing the learned counsel for both sides and considering the grounds cited in the application the condonation of delay of 157 days in preferring the connected appeal is hereby allowed.

Registry to register the connected appeal and list the same.

The I.A. stands disposed of.

JUDGE

Comparing Assistant