Gauhati High Court
Page No.# 1/5 vs Oriental Insurance Co. Ltd. And 2 ... on 21 September, 2022
Page No.# 1/5
GAHC010084892020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1123/2020
GITA BALA BARMAN AND 5 ORS.
W/O LATE INDRA BARMAN, R/O VILL. NO. 2 GARUGAON, P.O.
GARUGAON, P.S. AND DIST. BONGAIGAON, ASSAM.
2: BABULI BARMAN
D/O LATE INDRA BARMAN
R/O VILL. NO. 2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
ASSAM.
3: ASHA DEVI BARMAN
D/O LATE INDRA BARMAN
R/O VILL. NO. 2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
ASSAM.
4: CHANDANA BARMAN
D/O LATE INDRA BARMAN
R/O VILL. NO. 2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
ASSAM
5: GOLAPI BARMAN
D/O LATE INDRA BARMAN
R/O VILL NO. 2
GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
ASSAM.
6: RUXU BARMAN
Page No.# 2/5
D/O LATE INDRA BARMAN
R/O VILL. NO. 2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
ASSAM. (APPLICANTS NO. 4
5 AND 6 ARE BEING MINORS REPRESENTED BY THE APPLICANT NO. 1
VERSUS
ORIENTAL INSURANCE CO. LTD. AND 2 ORS. (F)
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
ROAD, NEW DELHI 110002, AND REGIONAL OFFICE AT GUWAHATI 7,
REPRESENTED BY ITS REGIONAL MANAGER
2:UTTAM CH. RAY
S/O LATE LAKSHMI KANTA RAY
VILL. DHARMASALA PART-I
P.O. DHARMASALA (NEAR SHIB MANDIR)
P.S.AND DIST. DHUBRI
ASSAM
PIN 783324
3:KALIM UDDIN SHEIKH
S/O MD. SHOHOR ALI SK
VILL BOUSHKATA PART-IV
P.O. AND P.S. FAKIRGANJ
DIST. DHUBRI
ASSAM
PIN 78333
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent :
Linked Case : MACApp./643/2019
ORIENTAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
A-25/27 ASAF ALI ROAD
NEW DELHI-110002
AND REGIONAL OFFICE AT GUWAHATI-7
REPRESENTED BY ITS REGIONAL MANAGER.
Page No.# 3/5
VERSUS
SMTI. GITA BALA BARMAN AND 7 ORS
W/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
2:BABULI BARMAN
D/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
3:ASHA DEVI BARMAN
D/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
4:CHANDANA BARMAN
D/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
5:GOLAPI BARMAN
D/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
6:RUXU BARMAN
D/O LATE INDRA BARMAN
RESIDENT OF VILL NO.2 GARUGAON
P.O. GARUGAON
P.S. AND DIST. BONGAIGAON
7:UTTAM CH RAY
S/O LT. LAKSHMI KANTA RAY
VILL. DHARMASALA PART-I
P.O. DHARMASALA
(NEAR SHIB MANDIR)
P.S. AND DISTRICT DHUBURI
ASSAM
(OWNER OF VEHICLE NO. AS-17-B-3730 (TRUCK)
8:MD. KALIM UDDIN SHEIKH
S/O MD. SHOHOR ALI SK.
VILL. BOUSHKATA PART-IV
P.O. AND P.S. FAKIRGANJ
DIST. DHUBURI
ASSAM
Page No.# 4/5
C/O SAHED ALI SARKAR
S/O LT. CHANDULLA ALI SARKAR
VILL. POKALAGI PART-III
P.O. POKALAGI
P.S. GOLOGONJ
DIST. DHUBURI
ASSAM
(DRIVER OF VEHICLE NO. AS-17-B-3730) (TRUCK)
------------
Advocate for : MR SISHIR DUTTA
Advocate for : MR. M KHAN appearing for SMTI. GITA BALA BARMAN AND 7
ORS
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
21.09.2022
Heard Mr. M. Khan, the learned counsel for the applicants and Mr. S.
Dutta, the learned senior counsel assisted by Ms. M. Borchetiya, the
learned counsel for the respondents.
This is an application under Section 5 of the Limitation Act, 1963 for
condoning the delay of 83 days in preferring the Cross Objection against
the judgment and award dated 07.06.2019 passed in MAC Case
No.120/2016 by the learned Member, Motor Accident Claims Tribunal in the
connected MAC appeal.
It appears on record that on 02.12.2019, this Court has admitted the
accompanying appeal filed by the appellant Insurance Company and had
issued notice, returnable by 5 (five) weeks. It further appears on record
that Cross-Objection was filed on 02.06.2020.
In the instant application registered as I.A.(C) No.1123/2020, it has
been mentioned that on 03.03.2020, the applicants approached the
Page No.# 5/5
appellant Insurance Company at Bongaigaon Division for payment of the
awarded amount where it was informed that the appellant company had
preferred an appeal before this Court. On the basis thereof, the applicants
collected the Appeal Number and thereupon filed the Cross-Objection on
02.06.2020. It has been submitted on behalf of the applicants that as on
date on which the applicants have filed the Cross-Objection, the applicants
were yet to receive the notice of hearing of the appeal or even a copy of
the appeal.
Taking into account the provision of Order XLI Rule 22 of the CPC
which stipulates that the Cross-Objection has to be filed within 1 (one)
month from the date of service on the respondents or his pleaders the
notice of the date fixed for hearing of the appeal or within such further time
the appellate court may deem fit to allow, this Court is of the opinion that
as there was no notice of the date fixed for hearing of the appeal was
served upon the applicant, the question of there being delay in filing the
Cross-Objection did not arise.
Accordingly, the instant application is misconceived. Be that as it may,
taking into account that the Cross-Objection was filed on 02.06.2020, that
too within the period as prescribed under Order XLI Rule 22 of the CPC, the
Registry is directed to register the same and list the matter accordingly.
In view of the above, the I.A stands disposed of.
JUDGE
Comparing Assistant
