New India Assurance Co. Ltd vs Smt. Anju Das And 2 Ors
2024 Latest Caselaw 5732 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Smt. Anju Das And 2 Ors on 9 August, 2024

                                                                           Page No.# 1/2

GAHC010159472019




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

                                Case No. : I.A.(Civil)/3228/2019

            NEW INDIA ASSURANCE CO. LTD.,
            HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
            BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001 AND
            REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY THE CHIEF
            REGIONAL MANAGER.



            VERSUS

            SMT. ANJU DAS AND 2 ORS.
            W/O- LATE PARITOSH CHANDRA DAS, R/O- MORANHAT, P.O. AND P.S.
            MORANHAT, DIST.- DIBRUGARH, ASSAM.

            2:SMTI. MINAKSHI DUTTA BORSAIKIA
             D/O- SRI BULU BORSAIKIA
             R/O- LICI ROAD
             P.O. DIGBOI
             PIN- 786171
             DIST.- TINSUKIA
            ASSAM. (OWNER OF OIL TANKER BEARING REGISTRATION NO. AS-
            23/AC-0474).

            3:SRI RINTU GOGOI
             S/O- SRI SISUKANTA GOGOI
             R/O- VILL.- SAROR GAON
             P.O. MORONGI CHARIALI
             DIST.- GOLAGHAT
            ASSAM. (DRIVER OF OIL TANKER BEARING REGISTRATION NO. AS-
            23/AC-0474)

Advocate for the Petitioner   : MR SISHIR DUTTA, MR. S DUTTA,MR. S DUTTA

Advocate for the Respondent : MR. S CHAUHAN(R-1), R DEB(R-1),MS S K CHOUHAN(R-
                                                                                            Page No.# 2/2

1),MR. P MAZUMDER(R-1)




                                     BEFORE
                         HONOURABLE MR. JUSTICE BUDI HABUNG

                                                 ORDER

Date : 09.08.2024 Heard Mr. S. Dutta, learned counsel for the applicant. Also heard Mr. S. Chauhan, learned counsel for the respondent No. 1.

Notice upon respondent Nos. 2 & 3 is complete. However, no one appears on behalf of respondent Nos. 2 & 3.

This is an application under Section 173 second proviso of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 69 days in filing the Appeal against the judgment and order dated 09.01.2019 passed by the learned Member, MACT, Golaghat in MAC Case No. 64/2015.

The ground for delay in filing the appeal has been explained in para 5 of the application. The cause shown for not filing the connected appeal within the stipulated time are sufficient to condone the delay. The learned counsel for the respondent No. 1 has no objection if the delay is condoned. In view of above, the petition is allowed and the delay is condoned. Registry to register the appeal for admission.

In the meantime, the applicant shall furnish a copy of the appeal memo to the learned counsel for the respondent.

JUDGE

Comparing Assistant