The National Insurance Co. Ltd vs Smti Plabita @ Rakhee Bhuyan And 7 ...
2023 Latest Caselaw 3155 Gua

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GAHC010091102015




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

                            Case No. : MC/1151/2015

         THE NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET,
         KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT G.S. ROAD,
         BHANGAGARH, GUWAHATI 781005



         VERSUS



         SMTI PLABITA @ RAKHEE BHUYAN and 7 ORS,
         W/O LATE BABLU BHUYAN, R/O GELAPHUKHURI ROAD, BORDOLOI
         NAGAR, P.O. and P.S. TINSUKIA, DIST. TINSUKIA, ASSAM, PIN 786125

         2:MISS ARCHITA BHUYAN

          D/O LATE BABLU BHUYAN
          R/O GEPAPHUKHURI ROAD
          BORDOLOI NAGAR
          P.O. and P.S. TINSUKIA
          DIST. TINSUKIA
          ASSAM
          PIN 786125

         3:MASTER AMAN BHUYAN

          S/O LATE BABLU BHUYAN
          R/O GELAPHUKHURI ROAD
          BORDOLOI NAGAR
          P.O. and P.S. TINSUKIA
          DIST. TINSUKIA
          ASSAM
          PIN 786125
                                                     Page No.# 2/4


            4:SMTI RENU BHUYAN

             M/O LATE BABLU BHUYAN
             R/O GELAPHUKHURI ROAD
             BORDOLOI NAGAR
             P.O. and P.S. TINSUKIA
             DIST. TINSUKIA
             ASSAM
             PIN 786125

            5:SHRI TANKESWAR DUTTA

             S/O LATE D.N. DUTTA
             R/O GOHAI TEKELA GAON
             P.O. and P.S. JORHAT
             DIST. JORHAT
             ASSAM
             PIN 785001

            6:THE UNITED INDIA INSURANCE CO. LTD.
             REGIONAL OFFICE AT G.S. ROAD
             CHRISTIANBASTI
             GUWAHATI-5

            7:NARENDRA SABHAPANDIT
             S/O LATE N. SABHAPANDIT
             R/O K.K. BORUAH ROAD
             P.O. and P.S. JORHAT
             DIST. JORHAT
            ASSAM
             PIN 785001

            8:SUBHARAJEET SABHAPANDIT

             S/O LATE N. SABHAPANDIT
             R/O K.K. BORUAH ROAD
             P.O. and P.S. JORHAT
             DIST. JORHAT
             ASSAM
             PIN 78500

Advocate for the Petitioner   : MR.B KAKATI

Advocate for the Respondent : MR.B J MUKHERJEER-6
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

16.08.2023 Heard Ms. M Chetia, learned counsel appearing on instructions of Shri AJ Saikia, learned counsel for the applicant, who by means of this application filed under Section 5 of the Limitation Act, 1963, has prayed for condonation of delay of 23 days in preferring the connected appeal against the Judgment and Award dated 03.12.2014 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup in MAC Case No. 546/2010.

Ms. Chetia, learned counsel has referred to the Office Note dated 27.06.2023 and has submitted that service upon the respondent no. 8 may be held to be complete.

Shri A Baruah, learned counsel represents the respondent nos. 1 to 4 whereas the respondent no. 6 is represented by Ms. L Sharma, learned counsel.

Earlier Office Note dated 20.08.2015 reflects that A/D card in respect of the respondent no. 7 has been received back and therefore, the said respondent is served. However, the respondent no. 5 is yet to be served and in this regard, fresh steps were directed to be taken earlier.

Ms. Chetia, learned counsel submits that due to inadvertence, fresh steps could not be taken upon the respondent no. 5 and accordingly, prays for some time to take fresh steps.

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Since this appeal is of the year 2015, let fresh steps be taken immediately by registered post with A/D within a week.

List this case after 5 weeks along with report on fresh service upon the respondent no. 5.

JUDGE

Comparing Assistant