Bhupen Chandra Pathak vs Babul Ch. Pathak And Anr
2023 Latest Caselaw 1970 Gua

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GAHC010281912019




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

                                Case No. : I.A.(Civil)/3968/2019

            BHUPEN CHANDRA PATHAK
            S/O- HARKESWAR PATHAK, VILL. H.NO. 3, SHANTINAGAR, BYE LANE NO.
            4, P.S. DISPUR, DIST- KAMRUP(M), ASSAM.



            VERSUS

            BABUL CH. PATHAK AND ANR
            S/O- LT. MUKUNDA RAM PATHAK, VILL. 2 NO. BIRKUCHI, KALITAKUCHI,
            H. NO. 35, P.S. NOONMATI, DIST. KAMRUP(M), ASSAM. OWNER CUM
            DRIVER OF VEHICLE NO. AS-01-AH/7824 ( MARUTI 800 CAS).

            2:THE REGIONAL MANAGER
             NEW INDIA ASSURANCE COMPANY LTD.
            ABC
             G.S. ROAD
             GHY.
            ASSAM. INSURER OF VEHICLE NO. AS-01-AH/7824 ( MARUTI 800 CAS)

Advocate for the Petitioner   : MRS. S ROY

Advocate for the Respondent : MS. M CHOUDHURY (r-2)

             Linked Case :

            BHUPEN CHANDRA PATHAK

             VERSUS

            BABUL CH. PATHAK AND ANR
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           ------------
           Advocate for :
           Advocate for : appearing for BABUL CH. PATHAK AND ANR



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

Date : 15-05-2023

Heard Ms. S. Roy, learned counsel for applicant and Ms. M. Choudhury, learned counsel for the respondent.

Office note dated 4.5.2023 reflects that notice upon respondent No. 1 could not be served due to insufficient address. Ms. Roy learned counsel for the applicant submits that respondent No.1 was the owner cum driver of the offending vehicle. The issue in the connected MAC appeal relates to quantum of award only. Accordingly she submits that as there is no dispute to the Insurance policy or the driving license, the name of the respondent No. 1 may be deleted from the array of parties.

Without entering into the merit of such submission, prayer is allowed at the risk of the applicant. Registry to correct the cause title accordingly.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 108 days in preferring the connected appeal against the judgment and order dated 29.04.2019, passed by the learned Member, Motor Accidents Claims Tribunal No.2 Kamrup(M), Guwahati, in MAC Case No. 1620/2014. The cause of delay is explained at paragraphs- 2 and 3 of the application.

Ms. Choudhury, the learned counsel appearing for the respondent submits Page No.# 3/3

that she will have no objection, if delay is condoned.

Considering the submission of the learned counsel for the respondent as well as the pleadings made in the paragraphs 2 and 3 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.

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 in the cause list. Copy of appeal memo be served upon Ms. Choudhury, learned counsel.

JUDGE

Comparing Assistant