National Insurance Comapany Limited vs Subhash Rabha And 3 Ors
2024 Latest Caselaw 5641 Gua

Gauhati High Court

National Insurance Comapany Limited vs Subhash Rabha And 3 Ors on 7 August, 2024

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GAHC010101802023




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

                          Case No. : I.A.(Civil)/1498/2023

         NATIONAL INSURANCE COMAPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL
         MANAGER, GUWAHATI REGIONAL OFFICE.



         VERSUS

         SUBHASH RABHA AND 3 ORS.
         S/O KHIROD RABHA,
         VILL.- GHANGAMARI-CHUHURI,
         P.S.- GOALPARA,
         DIST.- GOALPARA, ASSAM, PIN- 783101.

         2:MD. SABED SHEIKH
          S/O MD. SK.
          R/O SADILPUR JALUKBARI
          HOUSE NO.65
          NEAR DARUL ULUM MADRASSA
          GUWAHATI
          KAMRUP (M)
         ASSAM
          PIN- 781122.

         3:MAINUDDIN SK.
          S/O SHAHALOM ALI

         VILL.- DHIGHOLIBORI
         TIPLAI

         P.S.- RANJULI
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            DIST.- GOALPARA
            ASSAM
            PIN- 783134.

            4:THE BRANCH MANAGER
             RELIANCE GENERAL INSURANCE COMPANY LIMITED
             5TH FLOOR
             PRAG PLAZA
             G.S. ROAD
             BHANGAGARH
             GUWAHATI
             DIST.- KAMRUP (M)
            ASSAM
             PIN- 781005

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : ,




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 07-08-2024

Heard Mr. A. Kakati, learned counsel for the applicant.

The Office Note dated 17.07.2024 reflects that notice upon the respondent Nos. 1 and 3 have been received and signed by the respondents. Notice upon respondent No. 2 could not be accepted as he was not found in the given address and notice upon respondent No. 4 was received with seal and signature by an employee of the respondent.

In view of the above, the notice upon the respondent nos. 1, 3 and 4 is treated to be complete. So far as the respondent No. 2 is concerned, the learned counsel for the applicant submits that on earlier occasion also he has taken steps upon respondent no. 2, however, the same could not be effected.

Page No.# 3/3

He further submitted that the respondent No. 2 is otherwise, not a necessary party.

However, no one appears on behalf of the respondents.

This is an application under Section 5 of the Limitation Act, 1963 read with Section 173 of Motor Vehicle Act, 1988 praying for condoning the delay of 112 days in filing the connected appeal against the judgment and order dated 14.10.2022 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 299/2016.

The ground for delay in filing the connected appeal has been explained in paragraphs 3, 4, 5 & 6 of the application.

On consideration of ground, I am satisfied that the applicant has been able to show sufficient cause for not preferring the connected appeal within stipulated time. Moreover, it appears that the respondents seems to have no objection as they have preferred not to contest this condonation petition despite of receipt of notices.

In view of the above, the delay of 112 days in filing the connected appeal is hereby condoned.

In view of the above, this application stands disposed of.

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

JUDGE

Comparing Assistant