Page No.# 1/3 vs National Insurance Company Ltd And 2 Ors
2024 Latest Caselaw 3974 Gua

Gauhati High Court

Page No.# 1/3 vs National Insurance Company Ltd And 2 Ors on 5 June, 2024

                                                                    Page No.# 1/3

GAHC010226332023




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

                               Case No. : I.A.(Civil)/3062/2023

            JOTASNA DAS AND ANR.
            W/O RAMESH DAS,
            VILL.- BARANTI MANIARI (DHARAMPARA), P.S.- CHAYGAON- 781124,
            DIST.- KAMRUP (ASSAM).

            2: RAMESH DAS
             D/O LATE DANDIRAM DAS

            VILL.- BARANTI MANIARI (DHARAMPARA)
            P.S.- CHAYGAON- 781124
            DIST.- KAMRUP (ASSAM)

            VERSUS

            NATIONAL INSURANCE COMPANY LTD AND 2 ORS.
            REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, P.O.-
            GUWAHATI- 78105, DIST.- KAMRUP (M) (ASSAM).

            2:MD. MANIR ALI
             S/O MD. UMAR ALI

            VILL.- HALIGAON
            P.O.- PALASHBARI- 781128
            DIST.- KAMRUP (ASSAM).

            3:MD. RASMIL ALI
             S/O LATE HAIDAR ALI

            VILL.- HALIGAON
            P.O.- PALASHBARI- 781128
            DIST.- KAMRUP (ASSAM)

Advocate for the Petitioner   : MR. A R AGARWALA
                                                                                Page No.# 2/3

Advocate for the Respondent : MRS. D DAS BARMAN (r-1)




                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

Date : 05.06.2024 Heard Mr. A.R. Agarwala, learned counsel for the applicant/Claimant along with Ms. P. Chutia, learned counsel for the respondent No. 1.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 37 days in preferring the connected appeal against the impugned judgment and order dated 26.05.2023 passed by the learned Member, MACT No. 1, Kamrup (M), Guwahati in MAC Case No. 1395/2020.

It is submitted that since the connected appeal is with regard to the quantum of the award and the name of respondent Nos. 2 & 3 may be struck off.

The learned counsel for the applicant submits that the instant application which is for condonation of delay of 37 days has been explained at paragraphs 3,4 & 5 of the application wherein it is submitted that the delay is mainly due to the time taken for obtaining certified copies of the order and also for the time taken for preparation of the connected appeal.

Ms. Chutia, learned counsel for the respondent has not raised any objection for condoning the delay.

Considering the submissions of the learned counsel for the applicant and on perusal of the explanation given in paragraphs 3,4 & 5 of the application, this Court finds that the delay of 37 days in filing the appeal has been explained satisfactorily and there is no laches and negligence on the part of the applicant.

Accordingly, the petition is allowed and the delay is condoned.

Page No.# 3/3

Registry to register the appeal and list the same for admission on 10.06.2024.

JUDGE

Comparing Assistant