Oriental Insurance Company Ltd vs Dandidhar Deka And 4 Ors
2024 Latest Caselaw 2880 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Dandidhar Deka And 4 Ors on 1 May, 2024

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GAHC010133762023




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

                         Case No. : I.A.(Civil)/1790/2023

         ORIENTAL INSURANCE COMPANY LTD
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, GS ROAD ,ULUBARI, GUWAHATI 781007 REPRESENTED BY
         THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
         GUWAHATI 781005



         VERSUS

         DANDIDHAR DEKA AND 4 ORS.
         S/O LATE MATHURA DEKA
         RESIDENT OF RANGIA TINIALI, WARD NO. 7, PO AND PS RANGIA, DIST
         KAMRUP , ASSAM 781354

         2:RAKHI DEKA
          D/O DANDIDHAR DEKA
         RESIDENT OF RANGIA TINIALI
         WARD NO. 7
          PO AND PS RANGIA
          DIST KAMRUP
         ASSAM 781354

         3:KRITIMA DEKA
          D/O DANDIDHAR DEKA
         RESIDENT OF RANGIA TINIALI
         WARD NO. 7
          PO AND PS RANGIA
          DIST KAMRUP
         ASSAM 781354

         4:KRISHNA MANDAL
          S/O NARAYAN MANDAL
         RESIDENT OF RANGIA TINIALI
                                                                        Page No.# 2/3

             WARD NO. 4
             PO AND PS RANGIA
             DIST KAMRUP
             ASSAM 781354

            5:RUP KUMAR DAS
             S/O KANAI DAS

            RESIDENT OF VILLAGE KATAJHAR PATHAR
            PO KATAJHAR
            PS AND DIST BARPETA ASAM 78131

Advocate for the Petitioner    : MS. R D MOZUMDAR

Advocate for the Respondent : MD H R AHMED (R-4)

             Linked Case :

            ORIENTAL INSURANCE COMPANY LTD



             VERSUS

            DANDIDHAR DEKA AND 4 ORS. H



            ------------
            Advocate for : MS. R D MOZUMDAR
            Advocate for : appearing for DANDIDHAR DEKA AND 4 ORS. H



                                        BEFORE
                              HONOURABLE MR. JUSTICE K. SEMA

                                         ORDER

Date : 01.05.2024

Heard Mr. S.P. Sharma, learned counsel for the applicant, Mr. S.C. Pandit, learned counsel for the respondent Nos. 1, 2 & 3 and Mr. H.R. Ahmed, learned counsel for the respondent Nos. 4 and 5.

The present application has been filed under Section 173 of the M. V. Act Page No.# 3/3

read with Section 5 of the Limitation Act, 1963 seeking for condonation of delay of 51 days in filing the connected appeal against the judgment and award dated 19.01.2023 passed by the learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 109/2018(Death).

The grounds for condonation of delay have been explained in paragraph 4, 5 and 6 of the application. This Court has perused the application seeking for condonation of delay and is satisfied that the applicant has satisfactorily explained the delay.

The delay of 51 days is accordingly condoned.

Registry to register the appeal.

The application stands disposed.

JUDGE

Comparing Assistant