Oriental Insurance Co. Ltd vs Sri Hiren Dutta And 4 Ors
2023 Latest Caselaw 1872 Gua

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GAHC010175162019




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

                         Case No. : I.A.(Civil)/3449/2019

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI- 110002, AND REGIONAL OFFICE AT GUWAHATI-7,
         REPRESENTED BY THE REGIONAL MANAGER.



         VERSUS

         SRI HIREN DUTTA AND 4 ORS
         S/O- SHRI DINA NATH DUTTA, R/O- VILLAGE- BILOTIA GOAN,
         MACHKHOWA, P.S.- DHEMAJI, DISTRICT- DHEMAJI (ASSAM).

         2:SMTI. DEBALATA DUTTA
         W/O SHRI HIREN DUTTA
          R/O- VILLAGE- BILOTIA GOAN
          MACHKHOWA
          P.S.- DHEMAJI
          DISTRICT- DHEMAJI (ASSAM).

         3:SMTI. MADHUSMITA DUTTA
          D/O SHRI HIREN DUTTA
          R/O- VILLAGE- BILOTIA GOAN
          MACHKHOWA
          P.S.- DHEMAJI
          DISTRICT- DHEMAJI (ASSAM).

         4:NIRMAL SEN
          S/O LT. GANESH CH. SEN
          R/O- MAINOTRA TOWN
          PRADHAN NAGAR
          HILL COST ROAD
          SILIGURI
         WEST BENGAL ( OWNER OF VEHICLE NO. WB-73/B-1291
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Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR. Y DOLOI (R-4)


             Linked Case :

            ORIENTAL INSURANCE CO. LTD.



             VERSUS

            SRI HIREN DUTTA AND 4 ORS

            ------------
            Advocate for :
            Advocate for : appearing for SRI HIREN DUTTA AND 4 ORS



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 10-05-2023

Heard Mr. S.Dutta, learned counsel for the applicant.

Though Notice has duly been served none appears for the opposite party/ respondent.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 146 days in preferring the connected MAC appeal against the judgment and award dated 1.12.2018 in MAC Case No.1/2013 passed by learned Member, Motor Accident Claims Tribunal, Dhemaji.

The cause of delay is explained at para 6 of the present application.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 6 of the application, this court is of the Page No.# 3/3

opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within the prescribed period of limitation. Accordingly delay is condoned.

Registry to register the connected appeal, if same is not defective and list for Admission .

IA stands disposed of.

JUDGE

Comparing Assistant