Page No.# 1/3 vs New India Assurance Co Ltd And 2 Ors
2025 Latest Caselaw 2098 Gua

Gauhati High Court

Page No.# 1/3 vs New India Assurance Co Ltd And 2 Ors on 20 January, 2025

                                                               Page No.# 1/3

GAHC010139482024




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

                        Case No. : I.A.(Civil)/2489/2024

         MADHAWI DAS AND 3 ORS
         W/O MANI KANTA DAS
         RESIDENT OF VILLAGE PACHIM SALMARA PS RAHA, DIST NAGAON
         ASSAM

         2: MANI KANTA DAS
          S/O SHISHURAM HIRA
          RESIDENT OF VILLAGE PACHIM SALMARA PS RAHA
          DIST NAGAON ASSAM

         3: NIHARIKA DAS
          D/O MANI KANTA
         RESIDENT OF VILLAGE PACHIM SALMARA PS RAHA
          DIST NAGAON ASSAM

         4: MRINMOY DAS
          S/O MANIKANTA DAS
         RESIDENT OF VILLAGE PACHIM SALMARA PS RAHA
          DIST NAGAON ASSAM
         TO BE REP. BY PET. NO.

         VERSUS

         NEW INDIA ASSURANCE CO LTD AND 2 ORS
         REGIIONAL OFFICE, GUWAHATI STAR CITY COMPLEX. 5TH FLOOR, GS
         ROAD, LACHIT NAGAR PO GUWAHATI 781007 DIST KAMRUP M ASSAM

         2:DHRUBAJYOTI BORA
          S/O LAKHESWAR BORA

         RESIDENT OF VILLAGE BARAJAMUGURI
         PO JAMUGURI 782142
         DIST. NAGAON
         ASSAM.
                                                                             Page No.# 2/3


            3:PRABHAT MISHRA
             S/O PRADIP MISHRA
            RESIDENT OF VILLAGE AMOLA PATTY
             PO NAGAON
             DIST LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA, MD. K ALI,MR ADITYA AGARWALA

Advocate for the Respondent : MS. R D MOZUMDAR (R-1), MR. S P SHARMA (R-1),MS. C
MOZUMDAR (R-1)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 20.01.2025

1. Heard Mr. A. R. Agarwala, learned counsel for the applicant. Also heard Ms. R. D. Mozumdar, learned counsel for the respondent No. 1.

2. The learned counsel for the respondent No. 1 i.e., the New India Assurance Company Limited has submitted that the Insurance Company has reached an amicable settlement with the appellant and is ready to pay an additional amount of Rs.2,00,000/- (Rupees Two Lakh) towards full and final settlement of the claim of the

claimants and in that respect she has furnished a copy of email dated 18 th December, 2024 received from the officials of New India Assurance Company Limited.

3. In view of the submissions made by the learned counsel for the respondent No. 1, this Court is of considered opinion that the notices to respondent Nos. 2 and 3 may be waived in this case and the same is accordingly done.

4. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant for condoning the delay of 119 in preferring the connected MAC Appeal whereby the applicant has impugned the judgment and order dated 01.12.2023 Page No.# 3/3

passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No. 695/2020.

5. In view of the cause shown by the applicant in the condonation of delay application as well as in view of the submissions made by the learned counsel for the applicants, the delay of 119 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed.

6. Registry is directed to list the connected appeal for admission on 24.01.2025 on which date the submissions regarding compromise settlement of the matter should be considered by the Court.

7. List accordingly.

JUDGE

Comparing Assistant