Balen Deka vs Mustt Binan Biwi And 5 Ors
2024 Latest Caselaw 308 Gua

Gauhati High Court

Balen Deka vs Mustt Binan Biwi And 5 Ors on 19 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                    Page No.# 1/4

GAHC010007302019




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

                          Case No. : I.A.(Civil)/139/2019

         BALEN DEKA
         S/O RAJEN DEKA, R/O VILL. ELANDIGAL , P.S. NALBARI, DIST. NALBARI,
         ASSAM.



         VERSUS

         MUSTT BINAN BIWI AND 5 ORS
         W/O LATE RAHMAN ALI, R/O VILL. MUGKUCHI, P.S. NALBARI, PIN 781335,
         ASSAM.

         2:SUBHAN ALI
          S/O LATE RAHMAN ALI
          R/O VILL. MUGKUCHI
          P.S. NALBARI
          PIN 781335
         ASSAM.

         3:IKRAM HUSSAIN
          S/O LATE RAHMAN ALI
          R/O VILL. MUGKUCHI
          P.S. NALBARI
          PIN 781335
         ASSAM.

         4:MAJNUR ALI

          S/O LATE RAHMAN ALI
          R/O VILL. MUGKUCHI
          P.S. NALBARI
          PIN 781335
          ASSAM.
                                                                       Page No.# 2/4

            5:NASIR ALI

             S/O LATE RAHMAN ALI
             R/O VILL. MUGKUCHI
             P.S. NALBARI
             PIN 781335
             ASSAM.

            6:THE REGIONAL MANAGER
             NEW INDIA ASSURANCE CO. LTD.
             G.S. ROAD
            ABC
             GUWAHATI 78100

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : MR. K K BHATTA (R6)




             Linked Case :

            BALEN DEKA



             VERSUS

            MUSTT BINAN BIWI AND 5 ORS



            ------------
            Advocate for :
            Advocate for : appearing for MUSTT BINAN BIWI AND 5 ORS



                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 19.01. 2024 Heard Ms. A. Das, learned counsel for the applicant and Ms. R. Devi, Page No.# 3/4

learned counsel for the respondent No. 6.

This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 205 days in filing the connected appeal against the impugned judgment and order dated 21.12.2017, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati in MAC Case No. 2085/2014.

The learned counsel for the applicant has submitted that the applicant was suffering from neurological disorder and as such was not in a position to file the connected appeal in time. In support of the ailment of the applicant, the learned counsel for the applicant has produced some medical documents, vide Annexure- A. It is also submitted that the appeal has been filed by the appellant on quantum of compensation.

The learned counsel for the respondent No. 6 has filed objection and opposed in condoning the delay in filing the connected appeal.

However, considering the prayer of the learned counsel for the applicant that the applicant was suffering from some ailment and the applicant was not in a position to file the appeal in time, the prayer of the applicant is allowed. The delay of 205 days is, therefore, condoned.

The Registry is directed to register the connected appeal and list the matter for admission after two weeks.

The I.A. stands disposed of.

JUDGE Page No.# 4/4

Comparing Assistant