Selina Marak vs The New India Assurance Company ...
2023 Latest Caselaw 1866 Gua

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GAHC010002082023




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

                          Case No. : I.A.(Civil)/65/2023

         SELINA MARAK
         W/O LATE SEMISON MARAK,
         PERMANENT RESIDENT OF RONGAP MIKILSIMGRE (KERA),
         P.S.- WILLIAMNAGAR,
         DIST.- EAST GARO HILLS, MEGHALAYA.
         TEMPORARILY RESIDING AT-
         VILL.- PAIKAN,
         P.S.- KRISHNAI,
         DIST.- GOALPARA, ASSAM.



         VERSUS

         THE NEW INDIA ASSURANCE COMPANY LTD. AND 2 ORS.
         MAIN ROAD, BONGAIGAON, ASSAM, PIN- 783380, TO BE REPRESENTED
         BY ITS DIVISIONAL MANAGER.

         2:HIRAN ALI
          S/O LATE TORAB ALI

         R/O WARD NO. 13
         MILIJULI PATH
         PACHIM BORAGAON NEAR GANESH MANDIR
         GUWAHATI- 781033

         DIST.- KAMRUP (M)
         ASSAM.

         3:MD. NAZAMUDDIN
          S/O LATE SHAFIUDDIN

         R/O SURYASEN COLONY
         WARD NO. 1
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             MALLAGURI
             PRADHANNAGAR
             SILIGURI
             DIST.- JALPAIGURI
             WEST BENGAL- 734004

Advocate for the Petitioner   : MR. DITUL DAS

Advocate for the Respondent : MR. D SAUD (R2)


             Linked Case :

            SELINA MARAK

             VERSUS

            THE NEW INDIA ASSURANCE COMPANY LTD. AND 2 ORS. H


             ------------
            Advocate for : MR. DITUL DAS
            Advocate for : appearing for THE NEW INDIA ASSURANCE COMPANY LTD. AND
            2 ORS. H



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 10-05-2023

Heard the learned counsel for the applicant. Also heard Ms. M. Choudhury, learned counsel for the respondent.

2 This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 128 days in preferring the connected MAC appeal against the judgment and order dated 24.9.2019, passed by the learned Member, Motor Accidents Claims Tribunal, Goalpara, in MAC Case No. 117/2018.

3. The cause of delay is explained at paragraphs- 4 and 5 of the connected Page No.# 3/3

application.

4. Ms. Choudhdury, the learned counsel appearing for the respondent in her usual fairness submits that she will have no objection, if delay is condoned.

5. Considering the submission of the learned counsel for the respondent as well as the pleadings made in the paragraphs 4 and 5 of the application, this Court is of the 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.

6. Registry to register the connected appeal, if same is not defective and list for Admission by showing the name of Ms. M. Choudhury, as the counsel for the respondent No.1 in the cause list.

JUDGE

JUDGE

Comparing Assistant