New India Assurance Co. Ltd vs Tuli Gohain And 2 Ors
2023 Latest Caselaw 1561 Gua

                                                               Page No.# 1/2

GAHC010063062022




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

                           Case No. : I.A.(Civil)/981/2022

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI, 400001 AND
         REGIONAL OFFICE AT GS ROAD, GUWAHATI 5, REPRESENTED BY THE
         CHIEF REGIONAL MANAGER.



         VERSUS

         TULI GOHAIN AND 2 ORS.
         M/O LATE LT. BHUBAN @ BHASKAR GOHAIN,
         RESIDENT OF VILLAGE LAIPULI DIMARUGURI, PS TINSUKIA, PO
         PANITOLA, DIST TINSUKIA, TEMPORARILY RESIDING AT SWARAL
         NAGAR, SARU MATARIA, GUWAHATI KAMRUP ASSAM

         2:SHRI SHOURABH DUTTA
          S/O LATE AJIT DUTTA

         RESIDENT OF LAIPULI KAPTAN CHUK

         P.O LAIPULI
          PS TINSUKIA
          DIST TINSUKIA
         ASSAM


         3:SRI RANJAN GOGOI
          S/O LATE BOLIN GOGOI

         RESIDENT OF MERALI POTHAR
         PO CHABUA
         PS CHABUA
         DIST DIBRUGARH ASSA
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Advocate for the Petitioner    : MR SISHIR DUTTA

Advocate for the Respondent :




                                        BEFORE
                              HONOURABLE MR. JUSTICE K. SEMA

                                          ORDER

Date : 20-04-2023

Heard Ms. S. Mochahari, learned counsel for the applicant.

In terms of the order dated 01.03.2023 notice to the respondent No. 1 & 2 has been issued through paper publication and the applicant has also filed the affidavit to that effect. The notice upon the respondent No. 1 & 2 is therefore deemed served.

This application has been filed under section 173 second proviso of the Motor Vehicle Act, 1988 read with section 5 of the Limitation Act, 1963 for condonation of delay of 4 days for filing the connected appeal against the judgment and award dated 27.09.2021 passed by the learned Member, MACT, Kamrup (M) at Guwahati in MAC Case No. 2188/2016.

The ground for delay has been explained in paragraph-6 of the application. This Court has perused the ground and is satisfied that the applicant has satisfactorily explained the delay. The delay of 4 days is accordingly condoned.

I.A.(C) stand disposed.

JUDGE

Comparing Assistant