National Insurance Co. Ltd vs Birendra Kr. Singha And 2 Ors
2023 Latest Caselaw 1485 Gua

                                                                     Page No.# 1/2

GAHC010173982015




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

                                   Case No. : MC/309/2015

            NATIONAL INSURANCE CO. LTD.
            A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES
            ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,
            KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
            BHANGAGARH, GUWAHATI, REPRESENTED BY ITS REGIONAL
            MANAGER, GUWAHATI, ASSAM.



            VERSUS

            BIRENDRA KR. SINGHA and 2 ORS,
            S/O LATE BIRMANGAL SINGHA, VILL. NATUN BAZAR, HOJAI, P.S. HOJAI,
            P.O HOJAI, DIST. NAGAON, ASSAM.

            2:NARA SINGHA GUPTA
             S/O SRI NANDJI GUPTA
            VILL. NATUN BAZAR
             HOJAI
             P.S. and P.O. HOJAI
             DIST. NAGAON
            ASSAM.

            3:RUP KR. SINGHA
             S/O DR. SANOW SINGHA
            VILL. NATUN BAZAR
             P.O. and P.S. HOJAI
             DIST. NAGAON
            ASSAM

Advocate for the Petitioner   : MR.R C PAUL

Advocate for the Respondent : MR.S K SINGHR-1
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                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 11.4.2023

Heard Ms. S. Roy, learned counsel for the applicant. None appears for the respondent Nos. 1 and 2. The respondent No.3 who was the driver of the offending vehicle is not, in the considered opinion of this court, a necessary party for determination of present application inasmuch even if the present application is allowed the same will not adversely affect the respondent No. 3.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 33 days in preferring the connected appeal against the judgment and award dated 11.7.2014 passed in MAC Case No.84 (N) of 2009 passed by learned Addl. District & Sessions Judge cum Member, Motor Accident Claims Tribunal Hojai, Sankardev Nagar, Nagaon.

The cause of delay is explained at paragraphs 4, 5 and 6 of the present application.

Considering the pleadings made in the paragraphs 4,5 and 6 of the connected application, this court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly delay is condoned.

Registry to register the connected appeal if the same is not defective and list the connected appeal for admission.

IA stands disposed of.

JUDGE

Comparing Assistant