Page No.# 1/3 vs Musstt. Habibun Nessa Laskar And 3 ...
2023 Latest Caselaw 579 Gua

                                                                 Page No.# 1/3

GAHC010012452021




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

                         Case No. : I.A.(Civil)/197/2021

         CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154,
         2ND FLOOR ,THAMBU CHETTY STREET, CHENNAI- 600001 AND NORTH
         EAST STATE OFFICE AT ASTHA PLAZA, 4TH FLOOR, OPPOSITE TO
         DEORAH COLLEGE, BORA SERVICE, ULUBARI, G.S. ROAD, GUWAHATI-
         781005.



         VERSUS

         MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS.
         W/O- LATE BADAR UDDIN LASKAR @ BADOR, R/O- VILL. AND P.O.
         JAMALPUR, P.S. DHOLAI, DIST.- CACHAR, ASSAM, PIN- 788120.

         2:MISS RESHMINA BEGUM LASKAR
          D/O- LATE BADAR UDDIN LASKAR @ BADOR
          R/O- VILL. AND P.O. JAMALPUR
          P.S. DHOLAI
          DIST.- CACHAR
         ASSAM
          PIN- 788120.

         3:SANJIT ENDOW
          S/O- SANKAR ENDOW
         VILL.- PANCHGRAM PT-V
          M.L. CHOUDHURY LANE
          P.S. UDHARBOND
          DIST.- CACHAR
         ASSAM
          PIN- 788802.

         4:MD. JAMIR UDDIN BARBHUIYA
          S/O- IDRISH ALI BARBHUYAN
                                                                          Page No.# 2/3

             R/O- VILL.- PANCHGRAM PART-II
             P.O. AND P.S. JAMALPUR
             DIST.- CACHAR
             ASSAM
             PIN- 788802

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MR. M TALUKDAR (R-1 & 2)




             Linked Case :

            CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD.



             VERSUS

            MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS. (A)



             ------------
             Advocate for :
            Advocate for : appearing for MUSSTT. HABIBUN NESSA LASKAR AND 3 ORS.
            (A)



                                  BEFORE
                 HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                         ORDER

Date : 17.02.2023

Heard Mr. K. K. Bhatta, learned counsel appearing for the applicant and also heard Mr. M. Talukdar, learned counsel appearing for the respondent Nos. 1 and

2.

This is an I.A. praying for condonation of delay of 12 days in filing an Page No.# 3/3

appeal directed against the judgment and award dated 20.11.2019 passed in MAC case No. 216 of 2014 by the Motor Accident Claims Tribunal, Cachar.

It is submitted by Mr. K.K. Bhatta, that the opposite party Nos. 3 and 4 who are the owner and driver of the offending vehicle are not necessary parties since the appeal is preferred only against the quantum of the award awarded by the Motor Accident Claims Tribunal, Cachar. He also submits that the prayer of the applicant may be allowed since the delay is only of 12 days and it was due to official process.

Mr. M. Talukdar, learned counsel appearing for the respondent Nos. 1 and 2 has no objection to the prayer.

As submitted by the learned counsel for the applicant, the opposite party Nos. 3 and 4 are deleted from the cause title of the I.A.

Considering the grounds on which the prayer of the condonation has been made and the number of days for which condonation is prayed for and also the submission of Mr. Talukdar, learned counsel for the opposite party, the prayer in the I.A. is allowed.

Accordingly, the delay of 12 days is condoned.

Let the MAC appeal be listed in due course.

I.A. stands disposed of.

JUDGE

Comparing Assistant