National Insurance Co. Ltd vs Mrs. Nasima Begum And 2 Ors
2022 Latest Caselaw 3844 Gua

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GAHC010176132015




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

                                   Case No. : I.A./83/2015

            NATIONAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
            ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
            OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-781005, KAMRUP ASSAM



            VERSUS

            MRS. NASIMA BEGUM and 2 ORS,
            W/O LATE MANSUR ALI, PERMANENT R/O VILL WARD NO. 2,
            MANGALDAI, P.S. MANGALDAI, DIST. DARRANG, ASSAM PRESENTLY
            RESIDING AT NORTH JALUKBARI, P.S. JALUKBARI, DIST. KAMRUP M,
            ASSAM.

            2:RUKELA YADEV

             S/O SRI J. YADAV
             R/O JATEPUR NORTH GORAKHNATH
             P.S. GORAKHNATH
             DIST. GORAHPUR
             UTTAR PRADESH.

            3:SANTOSH SINGH

             S/O AVDESH SINGH
             R/O KAGALI
             PRATAPGARH
             P.S. PRATAPGARH
             UTTAR PRADESH

Advocate for the Petitioner   : MS.A BORA

Advocate for the Respondent :
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                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 27.09.2022 Heard Mr. R.K. Bhatra, learned counsel appearing for the applicant. None appears for the respondents despite steps have been taken against the respondents.

It is reported that respondent/ claimants were not found in the addresses given in the petition. The addresses given in the petition are the permanent as well the present addresses of the respondent/ claimant in district of Mangaldoi of Assam.

This is an application under Section 5 of the Limitation Act for condoning the delay of 1 (one) day in preferring the connected appeal against the judgment and award dated 06.01.2015, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup at Guwahati in MAC Case No. 2398/2012.

It is seen from the record that the delay condonation petition is pending since 2015 and none appears for the claimant/ respondents despite steps have already been taken against them on several occasions.

After hearing the learned counsel for the applicant, the delay condonation petition is taken up for disposal. It is stated in the petition that there was only 1 (one) day delay on the part of the applicant for obtaining the certified copy of the impugned judgment and order and as such the said 1 (one) day delay is caused in preferring the connected appeal.

In view of the above, the prayer of the applicant is allowed.

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The delay of 1 (one) is condoned.

The Registry is directed to register the connected appeal and list the matter in the admission column.

The I.A. stands disposed of.

JUDGE

Comparing Assistant