Gauhati High Court
Page No.# 1/5 vs Sri Tapan Das And 4 Ors on 3 January, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/5
GAHC010050772018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/804/2018
SMTI ASHA SINGH AND ANR
LATE HARI SANKAR SINGH @HARISH CH .SINHN , RESIDENT OF
JYOTIKUCHI , P.S. FATASIL AMBARI, GUWAHATI 781025, DIST
.KAMRUP(M), ASSAM.
2: SRI BABUL SING
LATE HARI SANKAR SINGH @HARISH CH .SINHN
RESIDENT OF JYOTIKUCHI
P.S. FATASIL AMBARI
GUWAHATI 781025
DIST .KAMRUP(M)
ASSAM
VERSUS
SRI TAPAN DAS AND 4 ORS
SON OF SUBUT DAS, RESIDENT OF VILLAGE HALUWA TING, P.O.AND P.S.
AMGURI DIST. SIVASAGAR, ASSAM-785680 .(DRIVER OF THE VEHICLE ,
BEARING REGISTRATION NO. AS-03 -AC -1315)
2:SRI SURJIT DAS
SON OF LATE KANU DAS
RESIDENT OF VILLAGE .DERGAON
3RD GATE
P.O. AND P.S. DERGAON
DIST GOLAGHT
ASSAM -785614 (OWNER OF THE VEHICLE BEARING REGISTRATION NO
.AS 03 -AC-1315)
3:M/S CHITRA MARKRTING COMPANY
N.S.T. COLONY
KOHIMA
NAGALANT-797001.(OWNER OF THE VEHICLE BEARING REGISTRATION
NO. NL -01K -6239)
Page No.# 2/5
4:THE UNITED INDIA INSURANCE CO . LTD
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
REGIONAL OFFICE
G. S ROAD
CHRISTIANBASTI
GUNWAHNATI-5
DIST .KAMRUP (M) ASSAM.(INSURER OF THE VEHICLE BEARING
REGISTRATION NO. AS -03 -AC -1315
)
5:THE NEW INDIA ASSURANCE CO. LTD
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
REGIONAL OFFICE
G.S. ROAD
A.B.C.
GUWAHATI.781005
DISTRICT
KAMRUP (M)
ASSAM. (INSURER OF THE VEHICLE BEARING REGISTRATION NO. NL -01-
6239
Advocate for the Petitioner : MR R BORA
Advocate for the Respondent : MRS. B ACHARYA (OP5)
Linked Case : MACApp./166/2018
SMTI ASHA SINGH and ANR
LATE HARI SANKAR SINGH @HARISH CH .SINHN
RESIDENT OF JYOTIKUCHI
P.S. FATASIL AMBARI
GUWAHATI 781025
DIST .KAMRUP(M)
ASSAM.
2: SRI BABUL SINGH
LATE HARI SANKAR SINGH @HARISH CH .SINHN
RESIDENT OF JYOTIKUCHI
P.S. FATASIL AMBARI
GUWAHATI 781025
DIST .KAMRUP(M)
Page No.# 3/5
ASSAM.
VERSUS
SRI TAPAN DAS and 4 ORS
SON OF SUBUT DAS
RESIDENT OF VILLAGE HALUWA TING
P.O.AND P.S.
AMGURI DIST. SIVASAGAR
ASSAM-785680 .(DRIVER OF THE VEHICLE
BEARING REGISTRATION NO. AS-03 -AC -1315)
2:SRI SURJIT DAS
SON OF LATE KANU DAS
RESIDENT OF VILLAGE .DERGAON
3RD GATE
P.O. AND P.S. DERGAON
DIST GOLAGHT
ASSAM -785614 (OWNER OF THE VEHICLE BEARING REGISTRATION NO .AS
03 -AC-1315)
3:M/S CHITRA MARKETING COMPANY
N.S.T. COLONY
KOHIMA
NAGALANT-797001.(OWNER OF THE VEHICLE BEARING REGISTRATION
NO. NL -01 -K-6239)
4:THE UNITED INDIA INSURANCE LTD
REPRESENTED BY ITS CHIEF
REGIONAL
MANAGER
REGIONAL OFFICE
G. S ROAD
CHRISTIANBASTI
GUNWAHNATI-5
DIST .KAMRUP (M) ASSAM.(INSURER OF THE VEHICLE BEARING
REGISTRATION NO. AS -03 -AC -1315
VIDE POLICY NO. 1304003112P300797359
VALID UP TO MIDNIGHT ON 29.10.2013)
5:THE NEW INDIA ASSURANCE CO .LTD
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
REGIONAL OFFICE
G.S. ROAD
A.B.C.
GUWAHATI.781005
DISTRICT
KAMRUP (M)
ASSAM.
(INSURER OF THE VEHICLE BEARING REGISTRATION NO. NL -01-6239
VIDE POLICE NO. 53020931120100002339
VALID UP TO MIDNIGHT ON 04.09. 2013)
Page No.# 4/5
------------
Advocate for : MR. K R BORA
Advocate for : MRS. B ACHARYA (R5) appearing for SRI TAPAN DAS and 4 ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
03.01.2024
Heard Mr. KR Bora, learned counsel for the applicant. Also heard Ms.L
Sharma, learned counsel for the respondent No.4 and Mr. A Acharya, learned
counsel for the respondent No.5.
The learned counsel for the applicant seeks to strike off the name of
respondent No.3 from the array of the respondents.
Prayer is allowed.
Accordingly, the name of respondent No.3 be struck off from the array of
the respondents at the risk of the applicant/appellant.
None appears for the respondent Nos.1 and 2.
This is an application for condonation of delay of 379 days in filing the
connected appeal against the judgment and order dated 08.08.2016 passed by
the learned Member, MACT No.2, Kamrup (Guwahati) in MAC Case
No.568/2013.
The learned counsel for the applicant submits that because of the death of
his father, the applicant/claimant was not in a position to engage a lawyer and
pursue his claim and as a result the delay of 379 days occurred in filing the
connected appeal.
Page No.# 5/5
Although the learned counsel for the Insurance Company being the
respondent Nos.4 and 5 have objections in condoning the delay, but, as the
applicant is the claimant himself and the grounds shown in the application are
found to be satisfactory, the prayer of the applicant is allowed.
Accordingly, the delay of 379 days in preferring the connected appeal is
condoned and the interlocutory application stands allowed.
JUDGE
Comparing Assistant
