Page No.# 1/4 vs Naren Chandra Malakar And 2 Ors
2022 Latest Caselaw 3747 Gua

                                                               Page No.# 1/4

GAHC010155492022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/2595/2022

         MIHINUR KHATUN AND 3 ORS
         W/O LATE MONOWAR HUSSAIN,
         RESIDENT OF VILLAGE MODHUSOULMARI PART II, PO GAURIPUR, DIST
         DHUBRI, ASSAM 783331

         2: MOSABIR ALOM
          S/O LATE MONOWAR HUSSAIN

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 783331
         TO BE REP. BY. PET. NO. 1

         3: MOMOTAZ BEGUM
         W/O NOWSHAD ALI SK

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 783331

         4: NOWSHAD ALI SK
          D/O LATE SARITULLAK SK

         RESIDENT OF VILLAGE MODHUSOULMARI PART II
         PO GAURIPUR
         DIST DHUBRI
         ASSAM 78333

         VERSUS

         NAREN CHANDRA MALAKAR AND 2 ORS
         S/O GOPINATH MALAKAR,
                                                                        Page No.# 2/4

            DEBOTTAR HASDAHA,
            PO GOLAKGANJ, DIST DHUBRI, ASSAM

            2:SHYAMAL CHANDRA MALAKAR

             NORTH DEBOTTAR HASDAHA

            PO GOLAKGANJ
            DHUBRI
            ASSAM 783334

            3:ORIENTAL INSURANCE COMPANY LIMITED
             REPRESENTED BY ITS REGIONAL MANAGER
             GS ROAD
             ULUBARI
             GUWAHATI 781007
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent :




             Linked Case : MAC.App./9361/2022 (Filing Number)

            MIHINUR KHATUN AND 3 ORS



             VERSUS

            NAREN CHANDRA MALAKAR AND 2 ORS B



            ------------
            Advocate for : MR. A R AGARWALA
            Advocate for : appearing for NAREN CHANDRA MALAKAR AND 2 ORS B
                                                                  Page No.# 3/4




                              BEFORE
               HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                 ORDER

Date : 23.09.2022 Mr. A. R. Agarwala, learned counsel appears for the applicant.

This Interlocutory Application has been filed seeking condonation of delay of 65 days beyond the period of limitation that had occurred in preferring the accompanying appeal under Section 173 of M.V. Act, 1988 against the Judgment and Order dated 31.07.2021 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 157/2016.

The applicants are the claimants who are aggrieved by the Judgment and Order dated 31.07.2021 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 157/2016, whereby an amount of Rs. 8,26,000/- (Rupees eight lakhs twenty six thousand) only, was directed to be paid by the Opposite party No.3, Oriental Insurance Company.

According to the applicants the accompanying appeal has been filed as they are aggrieved by the amount of compensation awarded. According to the applicants, on the basis of the evidences adduced before the tribunal, the claim for compensation sought was for Rs.37,00,000/-(Rupees thirty seven lakhs), which ought to have been considered and Page No.# 4/4

awarded by the Tribunal as prayed for. However, the learned Tribunal awarded only Rs. 8,26,000/- (Rupees eight lakhs twenty six thousand) only as compensation. Being aggrieved, the statutory appeal has been filed by the claimant in which a delay of 65 days had occurred.

The learned counsel for the applicants has been heard and the grounds urged in support of condonation of the delay in the application have been duly perused.

Accordingly, issue Notice returnable after 4 (four) weeks.

Steps on respondents by Registered Post with A/D as well as usual course within a period of 1 (one) week from today. List accordingly.

JUDGE

Comparing Assistant