Munu Nath vs National Insurance Co. Ltd
2023 Latest Caselaw 2103 Gua

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GAHC010180632021




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

                                Case No. : I.A.(Civil)/1801/2021

            MUNU NATH
            S/O- LATE RANGAI NATH, R/O- VILL.- MODERGURI NATH GOAN, P.S.
            PANIGAON, DIST. LAKHIMPUR, ASSAM



            VERSUS

            NATIONAL INSURANCE CO. LTD.
            REGD. OFFICE G.S. ROAD, GUWAHATI.



Advocate for the Petitioner   : B R DAS

Advocate for the Respondent : MRS. S ROY




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 22-05-2023

1. Heard Ms. M Bharati, learned counsel for the applicants. Also heard Ms. S Roy, learned counsel for the respondent/Insurance Company.

2. The present Interlocutory Application is filed under section 5 of the Limitation Act, 1963 with a prayer for condoning the delay of 1767 Page No.# 2/3

days in preferring the connected appeal against the judgment and order dated 29.11.2014 in MACT Case No.69/2012.

3. The basic ground of such delay as explained in the application is that the present applicant initially preferred an appeal before the Itanager Permanent Bench of Gauhati High Court with a delay of 1377 days. Accordingly, an I.A was registered along with the appeal being I.A(Civil) No.229/2018. The said I.A(Civil) was closed in the Itanagar Bench on the ground that the award was passed by a Tribunal within the jurisdiction of the Principal Seat and therefore, the appeal should be preferred before the Principal Seat. Accordingly, the I.A (Civil) was dismissed with a liberty to the applicant to file an appeal/application before the appropriate forum.

4. Accordingly the present application is filed along with the MAC Appeal.

5. The delay in preferring the appeal in the Itanagar Bench are basically stated to be for the reason that the appellant/applicant was suffering from some serious ailments and accordingly could not approach the court within time.

6. Considering the matter in its entirety, this Court is of the view that the appellant/applicant has been able to explain the cause of delay which prevented her from approaching the court in time, inasmuch as the considered opinion of this Court, such grounds are sufficient grounds.

7. Accordingly, the present applicant stands allowed.

8. However, taking note of the facts, it is provided that in the event, if the connected appeal is allowed, the applicant shall not be entitled Page No.# 3/3

for any interest from the date of the judgment impugned till today, ie., the disposal of the I.A.

9. Accordingly, the I.A stands allowed.

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

JUDGE

Comparing Assistant