National Insurance Co. Ltd vs Sneha Gurung And 3 Ors
2023 Latest Caselaw 1284 Gua

                                                                   Page No.# 1/3

GAHC010089422019




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

                         Case No. : I.A.(Civil)/3588/2019

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGD. OFFICE AT MIDDLETON STREET, KOLKATA AND ONE
         OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE,
         G.S. ROAD, BHANGAGARH, GUWAHATI-05, HAVING ONE OF ITS
         DIVISIONAL OFFICE NO.1, BHANGAGARH, GUWAHATI.



         VERSUS

         SNEHA GURUNG AND 3 ORS
         D/O. LT. MOHAN KUMAR GURUNG, R/O. VILL. MAHANADI, P.O.
         MAHANADI, P.S. KURSEONG, DIST. DARJELLING, WEST BENGAL.

         2:ASWINI DAS

          S/O. SRI TARUN CHANDRA DAS
          VILL. ATHGAON
          P.S. KAMALPUR
          DIST. KAMRUP
          ASSAM.

         3:THE MANAGING DIRECTOR

          ASSAM STATE TRANSPORT CORPORATION
          PALTANBAZAR
          GUWAHATI
          DIST. KAMRUP
          ASSAM.

         4:BHABESH BARUAH
          S/O. SRI LOKNATH BARUAH
         VILL. MILANPUR
          P.O. GHAHIGAON
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             P.S. GOHPUR
             DIST. SONITPUR
             ASSAM

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent : MR P SHARMAH (R-2)




             Linked Case :

            NATIONAL INSURANCE CO. LTD



             VERSUS

            SNEHA GURUNG AND 3 ORS



            ------------
            Advocate for :
            Advocate for : appearing for SNEHA GURUNG AND 3 ORS



                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

29. 03. 2023

Heard Ms. Hujuri, learned counsel for the applicant. Also heard Mr. GC Bora, learned counsel for the respondent Nos. 3 and 4 and Mr. D Mondal, learned counsel for the respondent No. 1.

This is an application for condonation of delay of 115 days in preferring the connected appeal by the appellant against the judgment and award dated 28.09.2018 passed by the learned Member, Motor Vehicles Accident Claims Page No.# 3/3

Tribunal, Kamrup (M) in MAC case No. 2197/2013.

The delay is explained at paragraph 5,6 and 7 of the application. Mr. Mondal and Mr. Bora, learned counsel in their usual fairness submit that they will have no objection if the delay is condoned.

Considering the submissions of the learned counsel as well as the pleadings made in the paragraph 5,6 and 7 of the connected application, this court is of the considered opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected appeal if same is not defective and list in the admission column after three weeks.

The name of Mr. D Mondal and Mr. GC Bora, learned counsel for the respondent No. 1 and respondent Nos. 3 and 4 be shown in the cause list. Copy of appeal memo be served to them.

JUDGE

Comparing Assistant