Page No.# 1/3 vs Smti. Kabita Sarmah And 3 Ors
2025 Latest Caselaw 2863 Gua

Gauhati High Court

Page No.# 1/3 vs Smti. Kabita Sarmah And 3 Ors on 5 February, 2025

                                                                    Page No.# 1/3

GAHC010093462019




                                                             2025:GAU-AS:1146

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

                         Case No. : I.A.(Civil)/1947/2019

         NATIONAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATTA
         AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-15, ASSAM.



         VERSUS

         SMTI. KABITA SARMAH AND 3 ORS
         W/O- LATE JINTU SARMAH, PERMANENT R/O- VILL.- MORIDHAL, P.O.
         BAMUNPUKHURI, P.S. AND DIST.- DHEMAJI, ASSAM, PIN- 787057 AND
         TEMPORARY ADDRESS- C/O- KANTI SARMAH, Q. NO. VIII (MINISTRIAL),
         8/2, SUPER MARKET COMPLEX, DISPUR, P.O. AND P.S. DISPUR, DIST.-
         KAMRUP(M), ASSAM, PIN- 781006.

         2:SRI RAJ KUMAR JHAWAR
          S/O- LATE SATYANARAYAN JHAWAR
          C/O- STATIONARY HOUSE (RUPAHI ALI)
          P.S. AND P.O. JORHAT
          DIST.- JORHAT
         ASSAM
          PIN- 785001. (OWNER OF THE VEHICLE NO. AS-03/AC-2113 (BOLARO PICK
         UP VAN).

         3:SRI BINOD DAS
          S/O- SRI RABIN DAS
          R/O- VILL.- RAJATIA
          P.O. KOROKATOLI
          P.S. AND DIST.- JORHAT
         ASSAM
          PIN- 785108. (DRIVER OF THE VEHICLE NO. AS-03/AC-2113 BOLARO
         PICKUP VAN).
                                                                              Page No.# 2/3

            4:BRANCH MANAGER
             ORIENTAL INSURANCE CO. LTD.

            BRANCH OFFICE JORHAT
            P.S.
            P.O. AND DIST.- JORHAT
            ASSAM
            PIN- 785001. (INSURER OF THE VEHICLE NO. AS-03/Q-1269 (MOTOR
            CYCLE)

Advocate for the Petitioner   : MR. C PHUKAN,

Advocate for the Respondent : MR. A J SAIKIA, MR. R K JAIN (r-2),TULIKA BORAH (r-2),MR. S
C BISWAS,MR. A K DAS,MS B KASSHYAP,MR. B KAKATI,MR B SHARMA (R1)




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 05-02-2025

No one appears on behalf of the applicant on call. However, Ms. A. Borah, learned counsel appears on behalf of Mr. S. C. Biswas, learned counsel for the respondent no. 1, Ms. T. Borah, learned counsel on behalf of the respondent no. 2, and Mr. A. J. Saikia, learned counsel on behalf of respondent no. 4.

This is an application filed under Section 173(1) of the MV Act, read with Section 5 of the Limitation Act for condoning the delay of 20 days in preferring the connected appeal impugning the judgment and award dated 29.11.2018 passed by the learned Member, MACT No. 3, Kamrup (M) in MAC case no. 275/2015.

The grounds for not filing the connected appeal on time has been Page No.# 3/3

explained in para 3, 4 and 5 of the petition.

The learned counsel for the respondents submitted that they have no objection, if the delay is condoned.

Upon consideration of the explanation in Paragraph 3, 4 and 5 of the petition, the applicant has also been able to show sufficient cause for not preferring the connected appeal on time.

In view of the above, the delay of 20 days in preferring the connected appeal is hereby condoned.

With the above, this IA stands disposed of.

The Registry shall number the connected appeal and list it for admission by showing the name of Mr. S. C. Biswas, as the learned counsel for the respondent no. 1; Ms. T. Borah, as the learned counsel for the respondent no. 2 and Mr. A. J. Saikia, as the learned counsel for the respondent no. 4.

JUDGE

Comparing Assistant