Gauhati High Court
Nanda Ram Deka vs Samsuddin Ahmed And 2 Ors on 12 September, 2022
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GAHC010107432016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A./702/2016
NANDA RAM DEKA
S/O LATE J.R. DEKA, RESIDENT OF RANGIA, WARD NO.5, NEAR CHILDREN
PARK, P.S. RANGIA, DIST- KAMRUP, ASSAM-781354
VERSUS
SAMSUDDIN AHMED and 2 ORS
S/O. S. AHMED, RESIDENT OF RANGIA TOWN, WARD NO.3, P.S. RANGIA,
DIST-KAMRUP, ASSAM-781354 OWNER OF THE VEHICLE NO. AS-01-E-6823
2:MD. RAFIQ KHAN
S/O. MATLAB KHAN
RESIDENTOF KAMARGAON
P.S. BORBHAG
DIST- BARPETS
ASSAM-781301 DRIVER OF VEHICLE NO. AS-01-E-6823
3:DIVISIONAL MANAGER NO.1
UNITED INDIA INSURANCE CO. LTD
G.S. ROAD
NEAR BORA SERVICE
GUWAHATI-7 INSURER OF THE VEHICLE NO. AS-01-E-682
Advocate for the Petitioner : MR. N BHATRA
Advocate for the Respondent : MS. C MOZUMDAR (R-3)
Linked Case : MAC.App./265698/2015 (Filing Number)
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SRI NANDA RAM DEKA
VERSUS
SAMSUDDIN AHMED and 2 ORS
------------
Advocate for :
Advocate for : appearing for SAMSUDDIN AHMED and 2 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 12.09.2022
Heard Mr. G. Jalan, learned counsel for the applicant and
Ms. M. Kalita, learned counsel appears for respondent
No.3/Insurance Company.
2. Office Note reflects that Notice on respondents No.1 and
2 namely, owner and driver respectively has not been
completed. Although respondent No.3 is represented by
counsel, no objections have been filed.
3. This Interlocutory Application has been filed seeking
condonation of delay of 15 days that had occurred in
preferring the accompanying appeal against the Judgment and
Award dated 06.08.2015 passed by Additional District Judge
No.3, Kamrup (M), Guwahati, in MAC Case No. 770/2005 (MAC
Case No. 2567/2005).
4. This appeal has been filed by the applicant being
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aggrieved by the Judgment and Award dated 06.08.2015
passed by Additional District Judge No.3, Kamrup (M),
Guwahati, in MAC Case No. 770/2005 (MAC Case No.
2567/2005), whereby the claim petition of the applicant was
allowed and an amount of Rs.2,28,844/- (Rupees two lakhs
twenty eight thousand eight hundred forty four) only was
directed to be paid by the Opposite Party No.3 namely, the
respondent No.3 herein i.e. United India Insurance Company
Ltd., along with an interest @6% per annum from the date of
filing of the claim petition i.e. 21.11.2005 till payment.
5. According to the applicant, the Tribunal while arriving at
the amount calculated did not appropriately take into account
the compensation required to be awarded under different
heads like- loss of income, medical expenses, pain and
suffering, loss of amenities of life etc. According to the
claimant he had suffered 60% permanent disablement and in
terms of the law laid down by the Apex Court, the amount
awarded is far less than the amount required to be paid to the
applicant/claimant in such a case. It is submitted that he had
suffered grievous injuries leading to the permanent
disablement of 60%. The Tribunal had erred in not taking into
account the Disablement Certificate which reflected the
percentage of disablement suffered by the applicant. As such,
being aggrieved the appeal had been filed however, in the
process a delay of 15 days had occurred.
6. Learned counsel for the applicant has been heard.
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Learned counsel for the Insurance company does not object to
the prayer for condonation of delay.
7. The applicant has urged the following grounds in support
of his prayer for condonation of delay:-
"5. That the petitioner states that he is a resident of Town
Rangia in the district of Kamrup, (Assam) and due to his
disability in movement and suffering pain he could not
come to Guwahati for filing appeal in stipulated time as
aforesaid but could come to Guwahati only today, i.e. on
26.11.2015 for filing the appeal and as such, delay of 15
days has occurred in filing the accompanied appeal.
6. that your humble applicant begs to state that this delay
is totally unintentional and has occasioned due to genuine
and sufficiently cogent reasons and this delay is now
required to be condoned so that the appeal filed on
26.11.15 may be considered and be taken up for admission
hearing after the delay is condoned by this Hon'ble Court."
8. Having heard the learned counsel for the parties and
taking into account the grounds urged for delay as well as the
fact that the Insurance company does not object for the prayer
for condonation of delay, this Court is of the view that the
grounds urged can be considered to be sufficient explanation
of the delay that has occurred in filing the accompanying
appeal. The explanation put forth for the delay that has
occurred does not reveal any mala fides nor can it be seen as
a dilatory strategy. On the grounds urged in the I.A., this Court
finds that the delay that had occurred in filing the
accompanying appeal can be condoned. Relying upon the
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principle of law laid down in N. Balakrishnan -Vs- M.
Krishnamurthy reported in (1998) 7 SCC 123, the delay of 15
days in filing the accompanying appeal against the Judgment
and Award dated 06.08.2015 passed by Additional District
Judge No.3, Kamrup (M), Guwahati, in MAC Case No.
770/2005 (MAC Case No. 2567/2005) is hereby condoned.
9. Interlocutory Application is accordingly allowed and
disposed of.
10. Registry is directed to number the accompanying appeal
and list it before the Court after 2 (two) weeks.
JUDGE
Comparing Assistant
