Nayan Moni Deka vs Ismail Ali Saikia And 2 Ors
2023 Latest Caselaw 1634 Gua

                                                                  Page No.# 1/2

GAHC010180702021




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

                                Case No. : I.A.(Civil)/340/2022

            NAYAN MONI DEKA
            S/O SRI ATUL DEKA
            RESIDENT OF VILLAGE JALIMURA, PS KAMALPUR, DIST KAMRUP (R)
            ASSAM



            VERSUS

            ISMAIL ALI SAIKIA AND 2 ORS.
            S/O LATE ISRAF ALI
            RESIDENT OF VILLAGE NIZ MODONTOLA, PS BAIHATA CHARIALI, DIST
            KAMRUP, ASSAM, 781367
            OWNER OF VEHICLE NO. AS 01 U 7847

            2:MD. INAMUL SAIKIA
             S/O MD. ISMAIL ALI SAIKIA
            RESIDENT OF VILLAGE NIZ MODONTOLA
             PS BAIHATA CHARIALI
             DIST KAMRUP
            ASSAM
             781367
            OWNER OF VEHICLE NO. AS 01 U 7847

            3:M/S NEW INDIA ASSURANCE CO. LTD.
             REPRESENTED BY REGIONAL MANAGER

            BHANGAGARH
             GUWAHATI 781005
            INSURER OF VEHICLE NO. AS 01 U 784

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MS. R D MOZUMDAR
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                                        BEFORE
                   HON'BLE MRS. JUSTICE MALASRI NANDI
                                         ORDER

26.04.2023 Heard Mr S K Goswami, learned counsel appearing for the applicant and Mr C Mazumdar, learned Counsel for the Insurance Company. None has appeared for the

Respondent No. 2 is the legal heir of respondent No. 1.

This is an application filed under Section 5 of the Limitation Act, praying for condonation of delay of 20 days in preferring the connected appeal against the Judgment and Award dated 08.11.2019, passed by the learned Member, MACT No. 3, Kamrup (Metro), in MAC Case no. 1257 of 2016.

It is submitted by the learned counsel for the applicant that due to the COVID-19 period, the petitioner was in financial crisis and not in a position to engage any lawyer.

The grounds mentioned in paragraphs-3 and 4 of the condonation petition are found to be satisfactory and the learned Counsel for the Insurance Company has also not raised any objection on the prayer of the applicant.

So, the prayer of the petitioner is allowed.

The delay is condoned.

Interlocutory Application stands disposed of.

Registry is directed to register the appeal and list the same for admission.

JUDGE

Comparing Assistant