Page No.# 1/3 vs The Divisioal Manager And 3 Ors
2024 Latest Caselaw 5770 Gua

Gauhati High Court

Page No.# 1/3 vs The Divisioal Manager And 3 Ors on 12 August, 2024

                                                               Page No.# 1/3

GAHC010040752024




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

                        Case No. : I.A.(Civil)/657/2024

         PHULMATI NARZARY AND 3 ORS.
         W/O LATE HEREMBO NARZARY,
         VILL.- HABRUBARI, KOKRAJHAR TOWN WARD NO. 7, DIST.- KOKRAJHAR,
         ASSAM (BTAD).

         2: RATINDRA NARZARY
          FATHER OF LATE HEREMBO NARZARY

         VILL.- HABRUBARI
         KOKRAJHAR TOWN WARD NO. (PART) POLICE STATION KOKRAJHAR
         DIST.- KOKRAJHAR
         ASSAM.

         3: DHANKHUNGUR NARZARY
          S/O LATE HEREMBO NARZARY

         VILL.- HABRUBARI
         KOKRAJHAR TOWN WARD NO. 7
         DIST.- KOKRAJHAR
         ASSAM (BTAD).

         4: RESHAV NARZARY
          S/O LATE HEREMBO NARZARY

         VILL.- HABRUBARI
         KOKRAJHAR TOWN WARD NO. 7
         DIST.- KOKRAJHAR
         ASSAM (BTAD)

         VERSUS

         THE DIVISIOAL MANAGER AND 3 ORS.
         NEW INDIA ASSURANCE CO. LTD AND ORS.
                                                                       Page No.# 2/3

            2:THE BRANCH MANAGER
             NEW INDIA ASSURANCE CO. LTD AND ORS. KOKRAJHAR BRANCH
             P.O.
             P.S. AND DIST.- KOKRAJHAR
            ASSAM
             REPRESENTING THE DIVISIONAL OFFICE
             NEW INDIA ASSUARANCECO. LTD
             BONGAIGAON DIVISION.

            3:BADAREE GOYARI
             S/O LATE SUNAM CH. GOYARI

            VILL.- GOYBARI
            P.O.- RANCHAIDAM
            P.S.- BASUGAON
            DIST.- CHIRANG (BTAD)
            ASSAM.

            4:JAINI BRAHMA
             S/O LATE KAMINI BRAHMA

            VILL.- HABRUBARI
            P.O. AND P.S.- KOKRAJHAR
            DIST.- KOKRAJHAR
            BTR
            ASSAM- 783370

Advocate for the Petitioner   : MR. A LAL, MR A BRAHMA

Advocate for the Respondent : MR. K K BHATTA (r-1),




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 12.08.2024

Heard Mr. A. Lal, learned counsel for the applicants. Also heard Mr. K. K. Bhatta, learned counsel for the respondent Nos. 1 and 2.

On perusal of the office note dated 18.06.2024, it appears that the notice on respondent Nos. 3 and 4 have also been duly served.

Page No.# 3/3

This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants/claimants praying for condonation of delay of 112 days in preferring the connected MAC Appeal whereby the applicant have impugned the judgment and award dated 03.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Kokrajhar in MAC Case No. 5/2014.

The applicants has mentioned the cause for delay in preferring the connected MAC Appeal in paragraph Nos. 4, 5, 6 and 7 of the instant application.

The learned counsel for the respondent Nos. 1 and 2 has not raised any objection to the prayer for condonation of delay.

Considering the submissions made by the learned counsel for the parties as well as cause shown by the applicants in paragraph Nos. 4, 5, 6 and 7 of the delay condonation petition, this Court is of considered opinion that the applicants have sufficiently explained the cause of delay of 112 days in preferring the connected MAC Appeal, and, therefore, the aforesaid delay of 112 days is hereby condoned and this interlocutory application is allowed.

Registry is directed to register the connected appeal and list the same again after one week on a date to be fixed by the Registry.

JUDGE

Comparing Assistant