United India Insurance Co. Ltd vs Gokul Sawra And 2 Ors
2024 Latest Caselaw 5646 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Gokul Sawra And 2 Ors on 7 August, 2024

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GAHC010027512024




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

                                Case No. : I.A.(Civil)/549/2024

            UNITED INDIA INSURANCE CO. LTD.
            HAVING ITS REGISTERED HEAD OFFICE AT 24, WHITES ROAD, CHENNAI-
            600014 ANDWITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
            GUWAHATI, REPRESENTED BY THE REGIONAL MANAGER.

            VERSUS

            GOKUL SAWRA AND 2 ORS.
            S/O LT. DUKHU SAWRA,
            VILL.- 3 NO NA-PANI, P.S.- SAMAGURI, DIST.- NAGAON, ASSAM.

            2:ABDUL KARIM AZAD
             S/O LT. JAINAL ABDIN

            VILL.- PALIGURI
            P.S.- JAGIROAD
            DIST.- MORIGAON
            ASSAM.

            3:MD. HAFIZUDDIN
             C/O RANJU ALI

            S/O LT. JALALUDDIN OF TOPATULI KHETRI A/A 2 NO. BONGALBORI
            JAGIROAD
            DIST.- MORIGAON

Advocate for the Petitioner   : MR A N DAS,

Advocate for the Respondent : MR D MONDAL (r-1),
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                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 07.08.2024

Heard Mr. A. N. Das, learned counsel for the applicant. Also heard Mr. D. Mondal, learned counsel for the respondent No. 1.

This application under Section 5 of the Limitation Act, 1963 for condonation of delay of 70 days in filing the connected appeal against the judgment and order dated 23.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 47/2020.

The learned counsel for the respondent No. 1/claimant has not opposed the prayer for condonation of delay.

Considering the concession made by the learned counsel for the respondent No. 1 as well as considering the reasons shown in the delay condonation application for filing the connected appeal after the delay of 70 days, this Court is satisfied that the application has sufficiently explained the cause for delay in filing the connected appeal after lapse of 70 days beyond the limitation period. Hence, the delay of 70 days in filing the connected appeal is hereby condoned and this interlocutory application is accordingly disposed of.

Registry to register the connected MAC Appeal and list the same before the next ensuing Lok Adalat as both the parties have prayed for listing the matter before the Lok Adalat.

JUDGE Page No.# 3/3

Comparing Assistant