Page No.# 1/3 vs Reliance General Insurance ...
2023 Latest Caselaw 3530 Gua

                                                                Page No.# 1/3

GAHC010265342022




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

                         Case No. : I.A.(Civil)/3/2023

         SATISWAR RABHA AND 4 ORS.
         S/O LATE GARIN RABHA,
         VILL.- BAKRIPARA UNDER KRISHNAI POLICE STATION IN THE DISTRICT
         OF GOALPARA, ASSAM.

         2: DALIMI RABHA
         W/O SATISWAR RABHA

         VILL.- BAKRIPARA UNDER KRISHNAI POLICE STATION IN THE DISTRICT
         OF GOALPARA
         ASSAM.

         3: LAMBITA RABHA
          S/O LATE PRAFULLA RABHA

         VILL.- BAKRIPARA UNDER KRISHNAI POLICE STATION IN THE DISTRICT
         OF GOALPARA
         ASSAM.

         4: DHIRAJ RABHA
          MINOR
          REP. BY THEIR MOTHER LAMBITA RABHA
         APPLICANT NO. 3.
         S/O LATE PRAFULLA RABHA

         VILL.- BAKRIPARA UNDER KRISHNAI POLICE STATION IN THE DISTRICT
         OF GOALPARA
         ASSAM.

         5: RAHAN JYOTI RABHA
          MINOR
          REP. BY THEIR MOTHER LAMBITA RABHA
         APPLICANT NO. 3.
         S/O LATE PRAFULLA RABHA
                                                                      Page No.# 2/3


           VILL.- BAKRIPARA UNDER KRISHNAI POLICE STATION IN THE DISTRICT
           OF GOALPARA
           ASSAM

           VERSUS

           RELIANCE GENERAL INSURANCE COMPANY LIMITED AND ANR.
           REP. BY ITS BRANCH MANAGER, GUWAHATI BRANCH, 5TH FLOOR, ANIL
           PLAZA, GS ROAD, ABC, NEAR IDBI BANK, GUWAHATI- 781005 IN THE
           DISTRICT OF KAMRUP (M), ASSAM.

           2:SELBITHSON CH. MOMIN
            S/O DOJENG ARENG

           VILL.- NAGOLPARA UNDER AMPATTI POLICE STATION IN THE DISTRICT
           OF SOUTH WEST GARO HILLS
           MEGHALAYA- 794115

Advocate for the Petitioner : MR. DITUL DAS
Advocate for the Respondent :

           Linked Case :
           SATISWAR RABHA AND 4 ORS
           VERSUS
           RELIANCE GENERAL INSURANCE COMPANY LIMITED AND ANR
           ------------
           Advocate for :
           Advocate for : appearing for RELIANCE GENERAL INSURANCE COMPANY
           LIMITED AND ANR


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 01.09. 2023 Heard Mr. D. Das, learned counsel for the applicants. None appears for the respondent No. 1 despite notice has been served properly.

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 27 days in preferring the connected appeal against the judgment and award dated 06.04.2019, passed by the learned Member, MACT, Page No.# 3/3

Goalpara in MAC Case No. 175/2018.

The learned counsel for the applicants submits that the applicants have preferred the appeal on quantum of compensation against the respondent No.

1. He further submits that the respondent 2 who is owner and driver of the vehicle, whose presence is not required in the proceeding of the case and his name may be struck off from the array of the respondents.

Accordingly the name of the respondent No. 2 is deleted from the array of the respondents at the risk of the applicants.

The grounds of delay mentioned in paragaraphs 3, 4 and 5 of the petition, which have been found satisfactorily explained. As none appears for the respondent No. 1 despite service of notice and has made objection on the prayer of the petitioner, the delay may be condoned.

Accordingly, the delay of 27 days is condoned.

The Registry is directed to register the connected appeal and list it for admission.

The IA is disposed of.

JUDGE

Comparing Assistant