The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors
2024 Latest Caselaw 5638 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors on 7 August, 2024

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GAHC010114202024




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

                         Case No. : I.A.(Civil)/1755/2024

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP(M),
         ASSAM.



         VERSUS

         ASHIMA SAHI AND 3 ORS.
         W/O LATE PURAN SINGH SOHI @ SAHI,
         R/O NEGTHERITING T.E., P.S.- DERGAON, DIST.- GOLAGHAT, ASSAM.

         2:CHANDAN SINGH SAHI
          S/O LATE PURAN SINGH SOHI @ SAHI

         R/O NEGTHERITING T.E.
         P.S.- DERGAON
         DIST.- GOLAGHAT
         ASSAM.

         3:MEETHLESH SINGH
          S/O BIRBAHADUR SINGH

         R/O RONGAGORA
         P.O.- RONGAGORA GHAT
         GOLAGHAT- 785621.

         4:PRABIN SAIKIA
          S/O LERELA SAIKIA

         R/O SESAMUKH

         P.S. AND DIST.- GOLAGHAT
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Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA

Advocate for the Respondent : ,




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 07-08-2024

Heard Mr. S.K. Goswami, learned counsel for the applicant.

This is an application under Section 5 of the Limitation Act, 1963 read with Section 173(1) of Motor Vehicle Act, 1988 praying for condonation of delay of 5 days in preferring the connected appeal, against the judgment and award dated 29.12.2023, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M) at Guwahati in MAC Case No. 1010/2021.

The reason for not preferring the connected appeal on time has been explained in paragraph 4 of the application. I am satisfied with the reason for delay explained by the learned counsel for the applicant. The applicant has been able to show sufficient cause for not preferring the appeal on stipulated time. And since the delay is only of 5 days, no prejudice would be caused to the opposite-party if the delay is condoned, rather it would expedite the proceeding of the connected appeal.

In view of the above, the delay of 5 days in preferring the connected appeal is hereby condoned.

With the above, this appeal stands disposed of.

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The Office shall register the connected appeal and list for admission.

JUDGE

Comparing Assistant