Gauhati High Court
National Insurance Company ... vs Sri Jadumoni Medhi And 3 Ors on 9 September, 2022
Page No.# 1/5
GAHC010142242018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2381/2018
NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA -
700071, REPRESENTED BY THE ASSISTANT MANAGER, GUWAHATI
REGIONAL OFFICE, BHANGAGARH, GUWAHATI - 781005.
VERSUS
SRI JADUMONI MEDHI AND 3 ORS
S/O SRI ADHAN MEDHI, VILLAGE TELAHI (HIRAGAON), P.S. DHARAMTUL,
DIST. MORIGAON, ASSAM, PIN - 782105.
2:SMTI. SARALA PATHAK
W/O SRI B.C. LAHKAR
PANBAZAR
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781001.
3:SRI SIMANTA SARMA
S/O S. SARMAH
VILLAGE GANESH NAGAR
P.S. BASISTHA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781029.
4:THE REGIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.
ULUBARI
GUWAHATI
DIST. KAMRUP (M)
Page No.# 2/5
ASSAM
PIN - 781007
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. R C PAUL
Linked Case : I.A.(Civil)/2380/2018
NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA - 700071
REPRESENTED BY THE ASSISTANT MANAGER
GUWAHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI - 781005.
VERSUS
SRI JADUMONI MEDHI AND 3 ORS
S/O SRI ADHAN MEDHI
VILLAGE TELAHI (HIRAGAON)
P.S. DHARAMTUL
DIST. MORIGAON
ASSAM
PIN - 782105.
2:SMTI. SARALA PATHAK
W/O SRI B.C. LAHKAR
PANBAZAR
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781001.
3:SRI SIMANTA SARMA
S/O S. SARMAH
VILLAGE GANESH NAGAR
P.S. BASISTHA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781029.
4:THE REGIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.
Page No.# 3/5
ULUBARI
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781007.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SRI JADUMONI MEDHI AND 3 ORS
Linked Case : MACApp./597/2018
NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA - 700071
REPRESENTED BY THE ASSISTANT MANAGER
GUWAHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI - 781005.
VERSUS
SRI JADUMONI MEDHI AND 3 ORS
S/O SRI ADHAN MEDHI
VILLAGE TELAHI (HIRAGAON)
P.S. DHARAMTUL
DIST. MORIGAON
ASSAM
PIN - 782105.
2:SMTI. SARALA PATHAK
W/O SRI B.C. LAHKAR
PANBAZAR
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781001.
3:SRI SIMANTA SARMA
S/O S. SARMAH
VILLAGE GANESH NAGAR
P.S. BASISTHA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781029.
Page No.# 4/5
4:THE REGIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.
ULUBARI
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN - 781007.
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SRI JADUMONI MEDHI AND 3 ORS
BEFORE
HONOURABLE THE CHIEF JUSTICE
ORDER
Date : 09-09-2022
Heard Ms. R. D. Mazumdar, learned counsel for the applicant/appellant
Insurance Company. Also heard Mr. U. Saikia, learned counsel for respondent
no. 1 and Mr. R. C. Paul, learned counsel for respondent no. 4.
By this application under Section 5 of the Limitation Act, 1963, the
applicant/appellant has prayed for condonation of delay of 556 days in preferring
the connected appeal.
Though served, none appears for respondent nos. 5, 6 and 7.
Ms. Mazumdar, learned counsel for the applicant/appellant has taken this
court to the averments made in paragraphs 3 to 8 of this application and has
submitted that a Review Petition was filed after the judgment of the Tribunal and
certain facts, which according to the applicant/appellant were nothing but fraud
committed by the claimant, were brought to the knowledge of the Tribunal by filing
an application registered M.J. Case (MACT) No. 02/2017. Ms. Mazumdar has further
submitted as there was fraud committed by the claimant, everything is vitiated and
in such circumstances, the delay in filing the appeal deserves to be condoned. Ms.
Mazumdar has also contended that the very fact, whether the accident had
Page No.# 5/5
occurred or not is required to be appreciated based upon the evidence on record.
Ms. Mazumdar has also contended that the applicant/appellant has been able to
establish sufficient cause which warrants condonation of the delay.
As against this, Mr. U. J. Saikia, learned counsel for respondent no. 1/original
claimant has opposed this application and has submitted that the delay has
occurred because of the failure of the learned counsel of the applicant/appellant
himself and, as such, the learned counsel for the applicant/appellant should be
made a party to this application. He has further submitted that the
applicant/appellant has not been able to prove any cause which warrants
condonation of the delay of 556 days occurred in filing the appeal.
No counter-affidavit is filed to this application and the objection raised by Mr.
U. J. Saikia, learned counsel for respondent no. 1/original claimant is not well
founded.
Having heard the learned counsel for the parties and considering the
averments made in the application, this court is of the opinion that the
applicant/appellant has been able to establish sufficient cause for condonation of
delay and hence the delay of 556 days in filing the appeal deserves to be condoned
and is hereby condoned.
Interlocutory application is allowed.
Registry to register and number the connected appeal and list the same for
admission hearing on 13.09.2022 before the regular Bench.
Copy of this order be placed in the records of the main appeal.
CHIEF JUSTICE
Comparing Assistant
