Gauhati High Court
The Managing Director vs Smti Thaneswari Das And 6 Ors on 22 September, 2022
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GAHC010201272015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/1290/2015
THE MANAGING DIRECTOR
ASSAM TANSPORT CORPORATION LTD. PALTANBAZAR,
P.S.PALTANBAZAR, GUWAHATI, DIST. KAMRUP, ASSAM.
VERSUS
SMTI THANESWARI DAS and 6 ORS,
assam
2:JAHNU DAS
3:SMTI JINIMONI DAS
4:DEBABRATA DAS
NO.1 IS WIFE OF LATE MANIK DAS AND NO. 2 TO 4 ARE SONS AND
DAUGHTERS OF LATE MANIK DAS AND ALL ARE R/O LALMATI
MAUZA LARUAH
P.S. BARBARUAH
DIST. DIBRUGARH
ASSAM.
5:SMTI LIPIKA LODH
W/O LATE NARAYAN LODH P.O. ROAD
NAGAON P.O. P.S. DIST. NAGAON
ASSAM OWNER OF VEHICLE NO. AS 02A 1079
6:M/S NEW INDIA ASSURANCE CO. LTD.
NAGAON
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P.O. P.S. DIST NAGAON
ASSAM INSURER OF VEHICLE NO. AS 02A 1079
7:AMAL CH. PAUL
S/O LATE KRISHNA KANTA PAUL
PANAB NAGAR
P.S. NAGAON
DIST. NAGAON
ASSAM DRIVER OF VEHICLE NO. AS 02A 107
Advocate for the Petitioner : MR.D K NATH
Advocate for the Respondent : MR. J I BORBHUIYA
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 22-09-2022
Heard Ms. S. Mushahry, learned counsel appears for the applicant/
Managing Director, Assam Transport Corporation Limited. Also heard Mr. L.
Mohan, learned counsel for the respondent Nos. 1, 2, 3 & 4 and Ms. C.
Mozumdar, learned counsel appears for the respondent No. 6.
This Interlocutory Application has been filed seeking condonation of
delay of 197 days that has occurred in filing the accompanying appeal. The
accompanying appeal has been by the applicant as the appellant against the
Judgment and Award dated 20.06.2014 passed by the learned Member,
Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 52/2011.
By the said judgment, the Tribunal awarded Rs.13,70,000/- (Rupees
Thirteen Lakh Seventy Thousand) with an interest of 6% from the date of
filing the claim petition till realization. The amount was apportioned between
the applicant, namely, Assam State Transport Corporation and the Insurance
Company. Being aggrieved, the present appeal has been filed by the Assam
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State Transport Corporation as the applicant/appellant.
Notices in the matter had been issued as far back as 20.06.2015.
Although, opportunities were granted to take fresh steps in respect of the
respondent Nos. 5 and 7, it is seen that the same were not taken.
Today when the matter is called up, prayer seeking further time for
taking steps on respondent Nos. 5 and 7 was made by the learned counsel
for the applicant.
The impugned Judgment and Award dated 20.06.2014 passed by the
Motor Accident Claims Tribunal, Dibrugarh has been perused. It is seen that
the direction to pay the compensation was made by the Tribunal against the
Insurance Company, namely, respondent No. 6 herein and the ASTC who is
the applicant. No direction is passed against the respondent Nos. 5 and 7
who are stated to be the owner and the driver respectively of the vehicle in
which the deceased was travelling at the time when it met with an accident
with a bus belonging to the ASTC.
Considering the fact that the Tribunal had passed the award as far back
as 20.06.2014 and the appeal having been filed in the month of April, 2015
and the same is pending for service of notices on respondents, this Court is
of the view that since there was no direction issued by the Tribunal against
the respondent Nos. 5 and 7, the instant application need not be delayed for
want of service of notice on respondent Nos. 5 and 7. According to this
Court, the matter can be proceeded to be heard on the question of prayer for
condonation of delay as prayed for by the applicant.
The respondents-claimant, namely, respondent Nos. 1, 2, 3 and 4 and
the Insurance Company- respondent No. 6 although duly represented by the
counsels have not filed any objections nor they have offered any oral
objection to the prayer for condonation of delay.
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Having heard the learned counsels for the parties and upon perusal of
the pleadings on record, it is seen that the grounds urged for condonation of
delay are as under:-
"That the Appeal ought to have been filed on 18.09.2014 calculating
from the date of Judgment and Award and by taking into consideration
90 days duration for the Appeal period. Moreover the days consumed
in obtaining the certified copy were six days, and for all purposes
under such circumstances the Appeal ought to have been filed on
24.09.2014.
That the concerned case file came from Tinsukia to its Head Office at
Paltanbazar Guwahati in middle of September before the Appeal period
is exhausted. After receiving the case record the Appellant consulted
with the Advocate for the next step. After considering the merit of the
case, an advice was given to the Appellant to prefer an Appeal before
this Hon'ble Court. It is pertinent to mention herein that in the
meantime the case record has been misplaced. However after putting
much efforts the said file could be fished out in the third week of
March, and the present Appeal could be filed today i.e. on 10.04.2015.
Thus the total delay in preferring the present Appeal comprises 197
days for which the present condonation petition has been filed.
That the delay was not intentional but an unfortunate one and the
petitioner was prevented from sufficient causes in preferring the
present appeal in time, hence this petition for condonation under
Section 5 of the Limitation Act".
Upon perusal of the grounds urged for condonation of delay and upon
hearing the learned counsels for the parties, this Court is of the view that
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prayer for condonation of delay made by the applicant can be considered as
the grounds urged can be taken to be sufficient explanation for the delay
that has occurred.
Accordingly, the Interlocutory application is allowed and the delay of
197 days is condoned.
Registry is directed to register the accompanying appeal and list before
the Court.
JUDGE
Comparing Assistant
