Gauhati High Court
M/S. United India Insurance Company ... vs Smt.Archana Sarmah And 7 Ors on 7 February, 2025
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GAHC010317812019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3079/2022
M/S. UNITED INDIA INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED HEAD OFFICE AT 24 WHITES ROAD, CHENNAI
600014 AND ITS REGIONAL OFFICE AT GS ROAD,DISPUR , GUWAHHATI,
REPRESENTED BY THE SENIOR REGIONAL MANAGER, REGIONAL
OFFICE, GS ROAD, BHANGAGARH, DISPUR GUWAHHATI 781005
VERSUS
SMT.ARCHANA SARMAH AND 7 ORS.
W/O LATE SANJIB KUMAR SHARMA @ SANJIB SARMAH,
RESIDENT OF PUB BANGALPUKHURI, PO , PS AND DIST JORHAT, ASSAM
2:SRI ROHIT SHARMA
S/O LATE SANJIB KUMAR SHARMA @ SANJIB SARMAH
RESIDENT OF PUB BANGALPUKHURI
PO
PS AND DIST JORHAT
ASSAM
TO BE REPRESENTED BY RES. NO. 1
3:SRI PRATAP BORAH
S/O LATE P. BORAH
RESIDENT OF RAWRIAH SENSUWA GAON
PO BARBHETA
PS AND DIST JORHAT
ASSAM
4:SRI GOUTOM BOR BORUAH
S/O SRI DINESH BOR BORUAH
RESIDENT OF MELENG MATELI
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LAHDOIGARH
PO MELENG
PS TEOK
DIST JORHAT
ASSAM
6:SMTI SUNITA JAIN
C/O RAJENDRA JAIN.
RESIDENT OF T.K DAS LANE DIST DIBRUGARH
ASSAM
7:SRI JITENDRA RAI
S/O SRI JIYALAL RAI
RESIDENT OF SAIDING BAZAR
TINSUKIA
ASSAM
8:THE MANAGER
NATIIONAL INSURANCE CO. LTD.
DIBRUGAR
Advocate for the Petitioner : MR V K BAROOAH, MR. K K DEY
Advocate for the Respondent : MR. S. PEGU (R-8), MS B SARMA (r-1,2),MR. R S MISHRA (r-
1,2),MR. A K GUPTA (r-1,2),MR G KHANDELIA(R-6),MR R PAUL (R-6),MR. A J SAIKIA (R-8)
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 07.02.2025
Heard Mr. V. K. Barooah, learned counsel for the applicant as well as Mr. A.
K. Gupta, learned counsel for the respondents No.1 and 2, Mr. R. Paul, learned
counsel for the respondent No.6 and Mr. S. Pegu, learned counsel for the
respondent No.8/Insurance Company.
The learned counsel for the applicant submits that Newspaper publication
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has been done and the affidavit to that effect has been duly enclosed.
On perusal of the affidavit, it is seen that newspaper publication was done
on respondents No.1, 2 and 7 on 12.12.2023 in the Dainik Assam.
Notice is thus deemed to be duly served upon all the respondents.
The instant application is for the condonation of a delay of 235 days in
filing the appeal against the Judgment & Award dated 18.01.2019 passed by the
learned Motor Accident Claims Tribunal, Jorhat in MAC Case No.10/2014.
The learned counsel for the applicant submits that the delay of 235 days
in filing the instant appeal is not due to negligence or laches on the part of the
applicant which is explained in paragraphs No.3 to 6 of the application which is
due to the fact that time was taken for obtaining the certified true copy of the
impugned Judgment and Order and also in getting the legal advice, whether an
appeal should be filed or not which took some time since the opinions of the
advocates who are out stationed are also required to be obtained.
He further submitted that time was also taken for drafting the appeal
memo and for obtaining the opinion of the Regional Office in the matter.
The learned counsels for the respondents have made their verbal
objections to the condonation of delay.
Having heard the submissions made by the learned counsels for both the
sides, this Court is satisfied with the explanation given for the condonation of
delay on finding that the delay is not due to any negligence and laches on the
part of the applicant.
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Accordingly, the delay of 235 days in filing the connected appeal against
the Judgment and Award dated 18.01.2019 is stands condoned and I.A.
(Civil)/3079/2022 is allowed and disposed of.
The Registry to give registration number to the connected MAC Appeal
and list this matter for admission after 3(three) weeks.
JUDGE
Comparing Assistant
