The National Insurance Company ... vs Sri Kailash Rabha And 2 Ors
2023 Latest Caselaw 3740 Gua

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GAHC010169872019




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

                               Case No. : I.A.(Civil)/2835/2019

            THE NATIONAL INSURANCE COMPANY LIMITED
            REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
            700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
            BHANGAGARH, GUWAHATI- 781005.



            VERSUS

            SRI KAILASH RABHA AND 2 ORS.
            S/O- LATE AJALA RABHA, R/O- VILL.- KHORAPARA, P.O. AND P.S. BOKO,
            DIST.- KAMRUP, ASSAM, PIN- 781123.

            2:SMT. PRABHABATI RABHA
            W/O- SRI KAILASH RABHA
             R/O- VILL.- KHORAPARA
             P.O. AND P.S. BOKO
             DIST.- KAMRUP
            ASSAM
             PIN- 781123.

            3:SRI AMIYA KR. RABHA
             S/O- LATE BOGA RABHA
             R/O- VILL.- LALMATI
             P.S. BOKO
             P.O. HAHIM
             DIST.- KAMRUP
            ASSAM
             PIN- 781129

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. J AHMED
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In

MACApp./10395/2019(Filing Number)




                                    BEFORE

               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

15.09.2023

Heard Ms. C. Mozumdar, learned counsel for the applicant/appellant. Also heard Ms. A. Hussain, learned counsel for the opposite party Nos. 1 and 2.

On perusal of the office note dated 25.08.2023, it appears that notices issued to opposite party No. 3, Mr. Amiya Kr. Rabha has returned after due service.

Hence, service on opposite party No. 3 is deemed to be completed.

This application under Section 2nd proviso to Section 173 of the Motor Vehicles Act, 1988 has been filed by the applicant for condoning the delay of 220 days in preferring the appeal impugning the Judgment dated 13.09.2018 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 300/2015.

Learned counsel for the opposite party Nos. 1 and 2 has not opposed the prayer for condoning the delay in preferring the connected appeal.

Considering the submissions of learned counsel for the parties as well as considering the averments made in paragraph Nos. 3 to 7 of the delay condonation petition, this Court is satisfied that the applicant was prevented by sufficient cause in preferring the connected appeal in time and accordingly, the Page No.# 3/3

delay in preferring the connected appeal is hereby condoned.

The delay condonation petition is accordingly disposed of. Let the connected appeal be registered and listed accordingly by the Registry.

JUDGE

Comparing Assistant