Sri Raktim Prabal Goswami vs Sri Krishna Sharma
2024 Latest Caselaw 4736 Gua

Gauhati High Court

Sri Raktim Prabal Goswami vs Sri Krishna Sharma on 27 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/3

GAHC010126392018




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

                         Case No. : I.A.(Civil)/2133/2018
                              In MAC Appl. No. 544/2018

         SRI RAKTIM PRABAL GOSWAMI
         S/O SRI SUKDEV GOSWAMI, R/O BRAHMAJAN GAON, P.O. AND P.S.
         PENGEREE, DISTRICT TINSUKIA, ASSAM

         VERSUS

         SRI KRISHNA SHARMA
         S/O LATE DHANPATI SHARMA

         2:SMT. SITA SHARMA
         W/O LATE DHANPATI SHARMA
          BOTH ARE RESIDENTS OF TENGAPANI GAON
          P.S. BORDUBI
          DIST. TINSUKIA
         ASSAM
          PIN - 786151 (CLAIMANTS)

         3:M/S NEW INDIA ASSURANCE CO. LTD.
          DIGBOI BRANCH
         A.T. ROAD
          P.O. AND P.S. DIGBOI
          DISTRICT
         ASSAM
          PIN - 786171 (INSURER OF THE VEHICLE)

         4:SRI BIKASH BASUMATARY
          S/O SRI RANJIT BASUMATARY
          R/O LAINA GAON
          P.O. AND P.S. BORDUBI
          DISTRICT TINSUKIA
         ASSAM
          PIN - 786171 (DRIVER OF THE VEHICLE
                                                                         Page No.# 2/3


Advocate for the Petitioner : MR. A K GUPTA
Advocate for the Respondent :




                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

27.06.2024.

Heard Shri A. K. Gupta, learned counsel for the applicant. Also heard Ms. P. Borthakur, learned counsel for the respondent no. 3.

The respondent nos. 1 & 2 have been served.

Shri Gupta, learned counsel has submitted that the presence of the respondent no. 4 may not be necessary and accordingly his name is struck off.

This application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 75 days in preferring the appeal against the judgment and award dated 28.07.2017 passed by the learned Addl. Member No. 2, MACT, Tinsukia in MAC Case No. 38/2011.

Shri Gupta, the learned counsel for the applicant by referring to the averments made in paragraphs 3 & 4 of the petition has submitted that there were sufficient grounds which had prevented presentation of the appeal within the prescribed period of limitation and therefore in the interest of justice, the delay may be condoned.

Ms. P. Borthakur, the learned counsel for the Insurance Company has however submitted that the reasons are not specific.

It is a settled principle of law that an application praying for condonation of delay is to be considered by taking a pragmatic and justice oriented approach Page No.# 3/3

and substantial justice is to be preferred over the technicalities.

Considering the above and also the fact that the delay is of 75 days, the same is condoned and the IA stands allowed.

JUDGE

Comparing Assistant