Gauhati High Court
Page No.# 1/4 vs The National Insurance Company Ltd. And ... on 14 August, 2024
Page No.# 1/4
GAHC010065592024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1180/2024
BHUMITA DEVI AND 4 ORS.
D/O LATE AMULLYA CH. NATH,
R/O R.K. MISSION ROAD, WARD NO. 16, DHUBRI, P.O. AND DIST.- DHUBRI,
(ASSAM), PIN- 783345.
2: NIPESHWAR NATH
S/O LATE AMULLYA CH. NATH
R/O R.K. MISSION ROAD
WARD NO. 16
DHUBRI
P.O. AND DIST.- DHUBRI
(ASSAM)
PIN- 783345.
3: MALATI NATH
D/O LATE AMULLYA CH. NATH
R/O R.K. MISSION ROAD
WARD NO. 16
DHUBRI
P.O. AND DIST.- DHUBRI
(ASSAM)
PIN- 783345.
4: PARAMESHWAR NATH
S/O LATE AMULLYA CH. NATH
R/O R.K. MISSION ROAD
WARD NO. 16
DHUBRI
P.O. AND DIST.- DHUBRI
(ASSAM)
PIN- 783345.
Page No.# 2/4
5: CHAMPA DEVI
D/O LATE AMULLYA CH. NATH
R/O R.K. MISSION ROAD
WARD NO. 16
DHUBRI
P.O. AND DIST.- DHUBRI
(ASSAM)
PIN- 783345
VERSUS
THE NATIONAL INSURANCE COMPANY LTD. AND 2 ORS.
REP. BY THE REGIONAL MANAGER, LOHIA MENSION, G.S. ROAD,
BHANGAGARH, GUWAHATI- 5.
2:ABDUL MAZID
S/O LATE INSAB ALI
VILL.- TIAMARI PT- II
P.S.- GAURIPUR
DIST.- DHUBRI
PIN- 783331.
3:JAYNAL ABEDIN SK.
S/O JANIAL BADSHA SK.
VILL.- PALASHKANDI
P.O.- KAMANDANGA
P.S.- TAMARHAT
DIST.- KOKRAJHAR
(BTC) ASSAM
PIN- 783332
Advocate for the Petitioner : MR R ISLAM, MS. A HUSSAIN
Advocate for the Respondent : MRS. S ROY.(R-1),
Linked Case :
BHUMITA DEVI AND 4 ORS
VERSUS
Page No.# 3/4
THE NATIONAL INSURANCE COMPANY LTD AND 2 ORS B
------------
Advocate for : MR R ISLAM
Advocate for : appearing for THE NATIONAL INSURANCE COMPANY LTD AND
2 ORS B
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 14.08. 2024
Heard Mr. R. Islam, learned counsel for the applicants/ appellants and Ms.
B Hazarika, learned counsel appearing on behalf of Mrs. S. Roy, learned counsel
for the respondent No. 1/ the Insurance Company.
Office Note dated 18.07.2024 reflects that the notice upon the respondent
No. 2 has been duly served and received personally by the said respondent No.
2.
In view of the above, notice upon the respondent No. 2 is deemed to have
been completed.
The learned counsel for the applicants submits that the applicants are
aggrieved by the assessment of the learned Tribunal and the presence of the
respondent No. 3 in the condonation petition is not necessary and accordingly,
he prays for striking off the name of the respondent No. 3 from the array of the
parties/respondents in the condonation petition.
The prayer is allowed.
The name of the respondent No 3 is struck off from the array of the
respondents in the condonation petition at the risk of the applicants.
Page No.# 4/4
This is an application for condoning the delay of 59 days in preferring the
connected appeal against the impugned judgment and order dated 12.10.2023,
passed by the learned Member, MACT, Dhubri in MAC Case No. 10/2023(D).
The reason for not filing the connected appeal on time has been explained
in paragaraph 3 of the condonation petition.
Upon consideration, this Court is satisfied that the applicants have shown
sufficient cause for not filing the connected appeal on time. Moreover, the
respondents have no objection, if the delay of 59 days in filing the connected
appeal is condoned.
In view of the above, the delay of 59 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.
With the above observation, the I.A. stands disposed of.
JUDGE
Comparing Assistant
