National Insurance Co. Ltd vs Smt Niru Dutta And 6 Ors
2023 Latest Caselaw 1313 Gua

                                                             Page No.# 1/3

GAHC010015402019




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

                         Case No. : I.A.(Civil)/282/2019

         NATIONAL INSURANCE CO. LTD
         A GOVERNMENT OF INDIA UNDERTAKING CO. HAVING ITS REGISTERED
         OFFICE AT MIDDLETON STREET, KOLKATTA, AND ONE OF THE
         REGIONAL OFFICE SITUATED AT GS ROAD BHANGAGARH, GUWAHATI
         781005



         VERSUS

         SMT NIRU DUTTA AND 6 ORS
         W/O LT BUBUL DUTTA @ BABUL DUTTA
         RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK,
         PO UTTAR DULIA PS TEOK, DIST JORHAT, ASSAM 785112

         2:SRI BIKASH DUTTA
          S/O LT BUBUL DUTTA @ BABUL DUTTA
         RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK

         PO UTTAR DULIA PS TEOK
         DIST JORHAT
         ASSAM 785112

         3:SRI PRAKASH DUTTA
          S/O LT BUBUL DUTTA @ BABUL DUTTA
         RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK

         PO UTTAR DULIA PS TEOK
         DIST JORHAT
         ASSAM 785112

         4:MISS JOONTI DUTTA
          D/O LT BUBUL DUTTA @ BABUL DUTTA
         RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK
                                                                    Page No.# 2/3


            PO UTTAR DULIA PS TEOK
            DIST JORHAT
            ASSAM 785112

            5:SRI AKASH DUTTA
             S/O LT BUBUL DUTTA @ BABUL DUTTA
            RESIDENT OF VILLAGE DAKHIN DULIA KAMAR CHUK

            PO UTTAR DULIA PS TEOK
            DIST JORHAT
            ASSAM 785112
            TO BE REPRESENTED BY HIS MOTHER SMTI NIRU DUTTA

            6:SRI SNEHESH BISWAS

            S/O LATE NIROD BISWAS
            R/O KALIDHAM COLONY
            DUM DUM
            PO KOLKATA-28
            WEST BENGAL
            700028
            DRIVER

            7:SRI ABHIJIT CHOWDHARY
             S/O N
            K CHOWDHARY
            R/O 67 VIVEKANANDA ROAD
            NORTH
             RABINDRA NAGAR KOLKATTA
            WEST BENGAL
             700065
            OWNE

Advocate for the Petitioner   : MR. B K PURKAYASTHA

Advocate for the Respondent : MR. P J SAIKIA (R1,R2,R3,R4,R5)




                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

29. 03. 2023

Heard Mr. C Phukan, learned counsel for the applicant. Also heard Mr. AK Page No.# 3/3

Gupta, learned counsel for the respondent Nos. 1,2,3,4 and 5. Though the notice has duly been served upon the respondent No. 7, none appears for the respondent no. 7.

This is an application for condonation of delay of 34 days in preferring the connected appeal by the appellant against the judgment and award dated 23.04.2018 passed by the learned Member, Motor Vehicles Accident Claims Tribunal, Jorhat in MAC case No. 11/2012.

The delay is explained at paragraph 3 of the application. Mr. Gupta, learned counsel in his usual fairness submits that he has no objection if the delay is condoned.

Considering the submissions of the learned counsel as well as the pleadings made in the paragraph 3 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. AK Gupta, learned counsel for the respondent Nos. 1 to 5 be shown in the cause list.

JUDGE

Comparing Assistant