New India Assurance Company Ltd vs Bipul Baruah And 3 Ors
2023 Latest Caselaw 1356 Gua

                                                               Page No.# 1/4

GAHC010154072022




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

                         Case No. : I.A.(Civil)/2284/2022

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G ROAD,
         FORT MUMBAI, AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
         FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, GS ROAD,
         GUWAHATI 781007



         VERSUS

         BIPUL BARUAH AND 3 ORS.
         S/O SRI PORAN BARUAH,
         RESIDENT OF 3 NO. CHOTA HAPJAN,
         PO AND PS MAKUM DIST TINSUKIA, ASSAM 786170

         2:SMTI JAMUNA BARUAH

          W/O SRI PORAN BARUAH

         RESIDENT OF 3 NO. CHOTA HAPJAN

         PO AND PS MAKUM DIST TINSUKIA
         ASSAM 786170

         3:SRI BIRPAL SINGH

          S/O SRI MOUSHEEKH SINGH

         RESIDENT OF VILLAGE MALAB

         PS NUH
         DIST MEWAT
         HARYANA
         122107
                                                                      Page No.# 2/4


            4:MAJAR KHAN

             S/O SAMSUDDIN

            RESIDENT OF VILLAGE SIDH NAGLA
            MAJRA RIWADA
            SIKARPUR
            PS JANGIRABAD
            DIST BULANDSAHAR
            U.P 20339

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR G CHOUDHURY (R-1,2)




             Linked Case :

            NEW INDIA ASSURANCE COMPANY LTD.



             VERSUS

            BIPUL BARUAH AND 3 ORS. F



            ------------
            Advocate for : MR. R GOSWAMI
            Advocate for : appearing for BIPUL BARUAH AND 3 ORS. F



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

31.03.2023.

Heard Mr. R. Goswami, learned counsel for the applicant.

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Notice upon the respondent Nos. 1 and 2 has duly been served and name of their counsel has also been shown in the cause list. However, none appears for them.

Mr. Goswami, learned counsel submits that the issue involved in the connected appeal is regarding quantum only. Neither the driving license nor insurance policy is under dispute. Therefore, the respondent No. 3 who is the owner of the offending vehicle is not a necessary party for the determination of the present application as well as the determination of the connected appeal if the delay is condoned. Accordingly, he prays that name of the respondent No. 3 be deleted from the array of parties.

Without commenting on the merit of such submission, on the prayer of Mr. R. Goswami, learned counsel for the applicant, the name of the respondent No. 3 be deleted from the array of parties at the risk of the applicant.

Registry to do the needful.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 45 days in preferring the connected appeal against the judgment and award dated 16.03.2022, passed by the learned Additional Member, No. 2, MACT, Tinsukia, in MAC Case No. 68/2017. The cause of delay is explained at paragraph- 2 of the connected application.

No objection has been filed by the respondents.

Considering the pleadings made in the paragraph 2 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

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Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission by showing the name of Mr. G. Choudhury, learned counsel as the counsel for the respondent Nos. 1 and 2 in the cause list.

JUDGE

Comparing Assistant