Gauhati High Court
The Oriental Insurance Company ... vs Smt. Chuchitra Nath And 2 Ors on 14 September, 2022
Page No.# 1/4
GAHC010057342019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/953/2019
THE ORIENTAL INSURANCE COMPANY LTD.
( A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI, REP., BY THE ASSISTANT
MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.
VERSUS
SMT. CHUCHITRA NATH AND 2 ORS.
W/O- LATE PARTHO KAR
R/O- CHANDARIA, GOALPARA TOWN, P.O., P.S. AND DIST.- GOALPARA,
ASSAM, PIN- 783101.
2:SRI AAYUSMAN KAR
S/O- LATE PARTHO KAR
R/O- CHANDARIA
GOALPARA TOWN
P.O.
P.S. AND DIST.- GOALPARA
ASSAM
PIN- 783101. (REP.
BY THE OPPOSITE PARTY NO.1 ).
3:MR. UTPAL DAS
S/O- SRI CHARAN DAS
R/O- BIR CHILARAY PATH (NEAR BIR CHILARAY CLUB)
WARD NO. 8
GOALPARA TOWN
P.O.
P.S. AND DIST.- GOALPARA
ASSAM
PIN- 783101. (OWNER-CUM-DRIVER)
Advocate for the Petitioner : MS. R D MOZUMDAR
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Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 14.09.2022
Heard Ms. R. D. Mozumdar, learned counsel for the applicant.
2. Although office notes dated 04.04.2022 and 09.09.2022 reflect that service
of notice on respondent Nos. 1, 2 & 3 has been affected, none appears for the
respondents when the matter is taken up.
3. This Interlocutory Application has been filed by the Oriental Insurance
Company Limited seeking a condonation of delay of 57 days beyond the period of
limitation prescribed while filing the accompanying appeal. The appeal is directed
against the Judgment and Award dated 13.09.2018 passed by the learned Member,
Motor Accident Claims Tribunal, Goalpara, Assam in MAC Case No. 67/2016.
According to the applicant they are aggrieved by the award of Rs.14,62,800/-
(Rupees Fourteen Lakh Sixty Two Thousand Eight Hundred) awarded to the
claimant along with an interest of 6% from the date of concluding the evidence of
the claimants.
4. The learned counsel for the applicant submits that the Motor Accident Claims
Tribunal, Goalpara, Assam did not take into account the relevant multiplier and the
various conditions and clauses referred to in the insurance policy and had gone
beyond such clauses while arriving at the compensation. Being aggrieved, the
accompanying appeal has been filed and in the process the delay of 57 days has
been occurred.
5. The grounds urged in support of the prayer for condonation of delay are
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under:-
"3. That the legal opinion of the dealing counsel was received on 25.10.2018
along with the certified copy of the judgment.
4. That it is pertinent to mention here that no free copy was provided to the
appellant company. The certified copy was applied on 06.10.2018 and it was
provided on 15.10.2018, after 9 days.
5. That it was decided to file appeal against the judgment, as the judgment
was not as per the settled proposition of law. Evidence was adduced in the
case to prove the policy condition. But the Learned Member ignored the
evidence in a perverse manner.
6. That the file was prepared in the Divisional Office and along with letter
dated 21.12.18 the file was sent to the Gauhati Regional Office, for filing the
appeal.
7. That thereafter the file was placed before competent authority on
4.1.2019 for approval. The approval was given on 8.1.2019.
8. That thereafter the file was prepared and handed over to the chamber of
the counsel on 17.01.2019 for preferring the appeal.
9. That the counsel took a few days to prepare the appeal. The appeal was
ready on 23.01.2019. The appeal was filed on 12.02.2019, on receipt of the
cheque for statutory deposit. In the process there occurred delay of 57 days
beyond the period of limitation".
6. The learned counsel for the applicant has been heard. In spite of service of
notice, none had represented the opposite parties/respondents No. 1, 2 and 3.
7. Upon hearing the learned counsel appearing for the applicant and upon
consideration of the grounds urged, this Court is of the view that the grounds
urged can be considered to be sufficient explanation of the delay that had occurred
in filing the accompanying appeal. The explanation put forth for the delay that has
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occurred does not reveal any mala fides nor can it be seen as dilatory tactics. On
the grounds urged in the Interlocutory Application, this Court finds that the delay
that had occurred in filing the accompanying appeal can be condoned.
8. Relying upon the principle laid down in N. Balakrishnan Vs. M Krishnamurthy
reported in (1998) 7 SCC 123, the delay of 57 days in filing the accompanying
appeal against the Judgment and Award dated 13.09.2018 passed by the learned
Member, Motor Accident Claims Tribunal, Goalpara, Assam in MAC Case No.
67/2016 is hereby condoned.
9. The interlocutory application is, accordingly, allowed and disposed of.
10. The Registry is directed to register the connected accompanying appeal and
list it before the Court.
JUDGE
Comparing Assistant
