Page No.# 1/2 vs M/S United India Insurance Co. Ltd ...
2023 Latest Caselaw 1411 Gua

                                                                Page No.# 1/2

GAHC010183462018




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

                        Case No. : I.A.(Civil)/3029/2018

         SMTI PURNIMA SAIKIA DAS AND 2 ORS
         W/O LATE PARESH DAS
         RESIDENT OF URAL, KAILASHPUR, PS SONAPUR, DIST KAMRUP ASSAM

         2: SRI ARUNJYOTI BORO
          S/O LATE PARESH DAS
         RESIDENT OF URAL
          KAILASHPUR
          PS SONAPUR
          DIST KAMRUP ASSAM

         3: SRI BHUMIDHAR BORO
          S/O LATE PARESH DAS
         RESIDENT OF URAL
          KAILASHPUR
          PS SONAPUR
          DIST KAMRUP ASSA

         VERSUS

         M/S UNITED INDIA INSURANCE CO. LTD AND 2 ORS
         DIVISIONAL OFFICE-I, ULUBARI, GUWAHATI INSURER OF VEHICLE NO
         AS-01/EC-0082

         2:SRI BISWAJIT BORO
          S/O AMIYA BORO
         RESIDENT OF KAMARKUCHI . PO TEPESIA DIST KAMRUP ASSAM 782402
         OWNER OF VEHICLE NO AS-01/EC-0082

         3:SRI JITU DAS
          S/O ANIL DAS
         RESIDENT OF MILANPUR
         DIST KAMRUP ASSAM 781021
         DRIVER OF VEHICLE NO AS-01/EC-008
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Advocate for the Petitioner      : MR. T J MAHANTA

Advocate for the Respondent : MR. A C MAHANTA




                                     BEFORE
                        HONOURABLE MRS. JUSTICE MALASRI NANDI

                                                ORDER

Date : 04-04-2023

Heard Mr. T. Gogoi, learned counsel appearing on behalf of Mr. T.J. Mahanta, learned counsel for the applicant. Also heard Mr. A.J. Saikia, learned counsel for the respondent No. 1. This is an application under Section 5 of the Limitation Act, 1963 to condone the delay of 436 days in filing the appeal against the judgment and award dated 7.3.2017 passed by the learned Member, MACT No. 1, Kamrup (M) in MAC Case No. 421/2015.

It is submitted by the learned counsel for the petitioner that due to illness of the mother of the applicants counsel, the delay was occurred in filing the appeal. The grounds has been shown in paragraphs 7 & 8 of the condonation application.

The learned counsel for the respondent No. 1 Insurance Company has no objection in condoning the delay in filing the appeal. Hence, the delay is condoned and the Misc. Case is disposed of. Office to register the appeal and be listed for admission. Registry is directed to show the name of Mr. A.J. Saikia, as counsel for the respondent No. 1 in the cause list.

JUDGE

Comparing Assistant