Page No.# 1/3 vs Shriram General Insurance Company Ltd
2024 Latest Caselaw 5888 Gua

Gauhati High Court

Page No.# 1/3 vs Shriram General Insurance Company Ltd on 14 August, 2024

                                                                      Page No.# 1/3

GAHC010084842024




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

                                Case No. : I.A.(Civil)/1276/2024

            DIPANJALI MEDHI AND ANR.
            W/O LATE PRANABJIT BARMAN,
            VILL.- MADULIJHAR, P.O.- CHAKCHAKA BAZAR, P.S.- SHORBHOG AND
            DIST.- BARPETA, ASSAM.

            2: MAHINDRI BALA DAS @ MAHINDRI BARMAN
            W/O LATE MAHARAM BARMAN

            VILL.- MADULIJHAR
            P.O.- CHAKCHAKA BAZAR
            P.S.- SHORBHOG AND DIST.- BARPETA
            ASSAM

            VERSUS

            SHRIRAM GENERAL INSURANCE COMPANY LTD.
            REP. BY ITS LEGAL MANAGER, E-8, EPIP, RIICO, INDUSTRIAL AREA
            SITAPUR, JAIPUR, RAJASTHAN- 302022.



Advocate for the Petitioner   : MR. M KHAN, MS J AKTAR

Advocate for the Respondent : MS. P BORTHAKUR, MR. R GOSWAMI,MS. M SAIKIA



             Linked Case :

            DIPANJALI MEDHI AND ANR



             VERSUS
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           SHIRAM GENERAL INSURANCE COMPANY LTD A



           ------------
           Advocate for : MR. M KHAN
           Advocate for : appearing for SHIRAM GENERAL INSURANCE COMPANY LTD A



                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

Date : 14.08. 2024 Heard Mr. M. Khan, learned counsel for the applicants/ appellants. Also heard Ms. M. Saikia, learned counsel for the sole respondent/ the Insurance Company.

This is an application under proviso 173(1) of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act, 1963 for condoning the delay of 222 days in filing the connected appeal against the impugned judgment and order dated 06.06.2023, passed by the learned Member, MACT, Bongaigaon in MAC Case No. 158/2019.

The reason for delay of 222 days day in preferring the connected appeal on time has been properly explained in paragaraphs 4 and 5 of the delay condonation application.

Upon perusal of the records and upon consideration, this Court is satisfied that the applicants have been able to explain sufficient cause for not preferring the connected appeal on time.

Moreover, the learned counsel for the sole respondent/ the Insurance Company has no objection, if the delay of 222 days in preferring the connected Page No.# 3/3

appeal is condoned.

In view of the above, the delay of 222 days is hereby condoned.

The office shall register the connected appeal and place the same for admission on the date to be fixed by the Registry, showing the name of Ms. M. Saikia as the counsel for the sole respondent in the main connected appeal.

With the above directions, the I.A. stands disposed of.

JUDGE

Comparing Assistant