Oriental Insurance Company Ltd vs Sri Arup Kalita And Anr
2024 Latest Caselaw 456 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Sri Arup Kalita And Anr on 29 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010251652018




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

                                Case No. : I.A.(Civil)/3909/2018

            ORIENTAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27, ASAF ALI
            ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7,
            REPRESENTED BY THE REGIONAL MANAGER



            VERSUS

            SRI ARUP KALITA AND ANR
            S/O SRI RAMANI KALITA, VILL. NIZ NAMATI, P.S. TIHU, DIST. NALBARI
            (ASSAM) 783005

            2:SRI GOPAL TALUKDAR
             S/O SRI UPEN TALUKDAR
             BHANGAGARH
             SKTIGARH
             HOUSE NO. 45
             P.S. BHANGAGARH
             DIST. KAMRUP (M)
            ASSAM 0

Advocate for the Petitioner   : MR S DUTTA

Advocate for the Respondent :
                                                                        Page No.# 2/3


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date :29.01.2024 Heard Mr. S.Dutta, learned counsel for the applicant. None appears for the opposite parties.

By this application filed under Section 173 Second Proviso of the MV Act, 1988 r/w Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 298 days in filing the connected MAC Appeal against the Judgment and Order, dated 24.08.2017, passed by the learned Member, MACT, Nalbari in MAC Case No.145 (Injury) /2016.

It is submitted by the learned counsel for the applicant that after delivery of judgment by the concerned MACT, the applicant had filed a review petition which was dismissed. Subsequently, at the time of filing of the appeal, they found some of the relevant documents missing in the case file and thereafter the insurance company provided the same on 18.06.2018 and in the process, there was delay of 298 days in filing the appeal.

Although notice was served on the respondent but none appears today to make objection on the prayer of the application.

Having considered all the above aspects, the delay of 298 days in preferring the connected MAC Appeal is hereby condoned as prayed for.

As the connected appeal has already been registered, Registry to list the same for admission after one week.

Interlocutory application stands disposed of.

JUDGE Page No.# 3/3

Comparing Assistant