The National Insurance Company ... vs Smti. Geetima Deka And Anr
2022 Latest Caselaw 4627 Gua

                                                                       Page No.# 1/3

GAHC010159622019




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

                                Case No. : I.A.(Civil)/2314/2019

            THE NATIONAL INSURANCE COMPANY LIMITED
            (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA)
            REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
            700071, REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE,
            BHANGAGARH, GUWAHATI- 781005.



            VERSUS

            SMTI. GEETIMA DEKA AND ANR
            W/O- SRI SUNIL DEKA, M/O- SRI BITUPAN DEKA, R/O- SUALKUCHI,
            KOLITA PARA, P.O. AND P.S. SUALKUCHI, DIST.- KAMRUP, ASSAM, PIN-
            781103.

            2:SRI RAKESH MEDHI
             S/O- SRI SAILEN MEDHI
            VILL. AND P.O. MUKALMUWA
             DIST.- NALBARI
            ASSAM
             PIN- 781126. (OWNER CUM DRIVER)

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                           ORDER

Date : 23-11-2022 Page No.# 2/3

Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. S. Saha, learned counsel appearing on behalf of Ms. M. Bora, the learned conducting counsel for the opposite party.

This is an application under section 5 of the Limitation Act, 1963, praying for condoning the delay of 273 days in preferring the connected MAC Appeal No. 2801/2019, which is directed against the judgment and award dated 15.02.2018, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati, MAC Case No. 1779/2014.

Explaining the delay of 273 days in preferring the connected MAC Appeal the applicant/Insurance Company has stated that after the impugned judgment and award dated 15.02.2018 was passed in MAC Case No. 1779/2019, on an enquiry made it was found that the vouchers and the bills that was placed as evidence before the learned Tribunal was a fake documents. Accordingly, the opposite parties as claimants before the learned Tribunal had played a fraud resulting in passing of the impugned judgment and award by the learned Tribunal.

The opposite parties have filed an objection to the contention of the application whereby it is stated that the applicant/Insurance Company has not provided adequate justification for condoning the delay of 273 days in preferring the connected MAC Appeal. In an objection filed by the opposite party, apart from stating that the claimant/Insurance Company has not reasonably explained the delay of 273 days in preferring the connected MAC Appeal, requiring the condonation of delay in exercise of the power under section 5 of the Limitation Act 1963, by this Court, no averments have been made, in the objection filed, controverting the allegations made by the applicant Insurance Company, in the application filed for condoning the delay of 273 days in preferring the connected MAC Appeal that the opposite parties as claimants have played fraud to the Tribunal by submitting fake bills and vouchers.

Having taken note of the contention raised by the applicant that the condonation of delay of 273 days in preferring the connected MAC Appeal is sought for on the ground that the connected MAC Appeal by the applicant has been filed challenging the impugned Page No.# 3/3

judgment and award, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati, MAC Case No. 1779/2014, on the ground that the impugned judgment and award came to be passed by the learned Tribunal on a fraud played by the opposite parties as claimants by submitting a fake bills and vouchers and that in view of the decision rendered by the Hon'ble Supreme Court in the case reported in AIR 2000 SC 1165 United India Insurance Company Limited Vs. Rajendra Singh & Others wherein it has been held that it is unrealistic to expect the appellant company to resist a claim at the first instance on the basis of the fraud because appellant company had at that stage no knowledge about the fraud allegedly played by the claimants , I am of the considered view that delay of 273 days in preferring the connected MAC Appeal needs to be condoned in the interest of justice.

Accordingly, this Interlocutory Application filed under section 5 of the Limitation Act for condoning the delay of 273 days in preferring the connected appeal, is hereby condoned in the interest of justice.

Registry shall register the MAC Appeal and list it for admission hearing.

Interlocutory application stands allowed and disposed of.

JUDGE

Comparing Assistant