Oriental Insurance Co. Ltd vs Jayram Chouhan And 2 Ors
2024 Latest Caselaw 3976 Gua

Gauhati High Court

Oriental Insurance Co. Ltd vs Jayram Chouhan And 2 Ors on 5 June, 2024

                                                                     Page No.# 1/3

GAHC010201992023




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

                               Case No. : I.A.(Civil)/2967/2023

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



            VERSUS

            JAYRAM CHOUHAN AND 2 ORS.
            S/O LATE SATURI CHOUHAN,
            VILL.- PURANI GORAIBARI, P.S.- UDALGURI, MOUZA- BARSILAJHAR,
            DIST.- UDALGURI, ASSAM, PIN- 784509.

            2:MD. ABDUS SAMAD
             S/O ABDUR ROCHID

            R/O LALPUL BARGHULI
            P.S.- DALGAON
            DIST.- DARRANG
            ASSAM
            PIN- 784116.

            3:MD. NAZIR UDDIN
             S/O S. ALI

            VILL.- NO. 3 BARUAHJHAR
            P.S.- DALGAON
            DIST.- DARRANG
            ASSAM
            PIN- 784116

Advocate for the Petitioner   : MS. M CHOUDHURY
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Advocate for the Respondent : MR. S CHAUHAN (R-1)




                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 05.06.2024 Heard Ms. M. Choudhury, learned counsel for the applicant/Claimant along with Mr. S. Chauhan, learned counsel for the respondent No. 1/ Claimant.

This is an application under Section 5 of the Limitation Act read with Section 173(1) of M.V. Act, 1988 for condonation of delay of 68 days of delay in preferring the connected appeal against the impugned judgment dated 29.03.2023 passed by the learned Member, MACT, Udalguri, Assam in MAC(I) Case No. 11/2019.

It is submitted that since the connected appeal is with regard to the quantum of the award, the name of respondent No. 3 may be struck off and the learned counsel also submits that respondent No. 2 has already received notice.

The learned counsel for the applicant submits that the instant applicantion which is for condonation of delay of 68 days has been explained at paragraph 4 of the application wherein it is submitted that the delay is mainly due to the time taken for obtaining legal opinion from the Regional Office, Guwahati and also for the time taken for preparation of the connected appeal.

Mr. Chauhan, 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 paragraph 4 of the application, this Court finds that the delay of 68 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.

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Registry to register the appeal and list the same for admission on 12.06.2024.

JUDGE

Comparing Assistant