The Oriental Insurance Company Ltd vs Harimon Biswas And 2 Ors
2025 Latest Caselaw 528 Gua

Gauhati High Court

The Oriental Insurance Company Ltd vs Harimon Biswas And 2 Ors on 14 May, 2025

                                                                           Page No.# 1/3

GAHC010178932024




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

                                Case No. : I.A.(Civil)/2748/2024

            THE ORIENTAL INSURANCE COMPANY LTD
            HAVING ITS REGIONAL OFFICE AT GODREJ BUILDING, ULUBARI, GHY-07,
            REPRESENTED BY ITS DEPUTY MANAGER


            VERSUS

            HARIMON BISWAS AND 2 ORS
            S/O. LT. ANIL BISWAS, R/O. VILL. FENLKATI, P/O. AND P/S. LALUK, DIST.
            NORTH LAKHIMPUR.

            2:MD. MOHIBUL GOFUR
             DRIVER OF VEHICLE BEARING REGISTRATION NO. AS. 07S/5060 (DATSUN
            GO)

            3:MD. SOMIR RAHMAN
             OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS 07S/5060
            (DUTSUN GO

Advocate for the Petitioner   : MR. J KALITA,

Advocate for the Respondent : MR. S C BISWAS (R1), MS. J GHOSH (R1),MS A BORAH
(R1),MS. U NANDA (R1)


             Linked Case :

            THE ORIENTAL INSURANCE COMPANY LTD


             VERSUS

            HARIMON BISWAS AND 2 ORS F
            ------------
                                                                       Page No.# 2/3

            Advocate for : MR. J KALITA
            Advocate for : appearing for HARIMON BISWAS AND 2 ORS F


             Linked Case :

            THE ORIENTAL INSURANCE COMPANY LTD

             VERSUS

            HARIMON BISWAS AND 2 ORS F

            ------------
            Advocate for : MR. J KALITA
            Advocate for : appearing for HARIMON BISWAS AND 2 ORS F


                                     BEFORE
                     HON'BLE MRS. JUSTICE MARLI VANKUNG
                                    ORDER

14.05.2025

Mr. S. Kathak, learned counsel appearing for the applicant/appellant is present and submits that the names of respondent Nos. 2 & 3 may be struck off, since they are just proforma respondents and the connected appeal being only the quantum of the award.

In view of the above, the names of respondent Nos. 2 & 3 may be struck off.

Ms. U. Nanda appears on behalf of respondent No. 1 while Mr. S. Kathak, learned counsel for the applicant/appellant submits that the delay or 23 days in filing an appeal against the connected Judgment and Order dated 03.04.2024, passed by the Member, Motor Accident Claims Tribunal, Lakhimpur in MAC Case No. 9/ 2022 has been explained at para 6 of the application. He submits that Page No.# 3/3

the main grounds for the delay of 23 days is the time taken to consult their counsel after getting the certified true copy of the judgment and order and also to get the opinion of the main ground.

Ms. U. Nanda, learned counsel for the respondent No. 1 submits that they have no objection to the condonation of delay of 23 days.

In view of the above submission, this Court on perusal of para 6 of the application finds that the explanation given for the delay of 23 days in filing the connected appeal against the Judgment & Order dated 03.04.2024 is not due to any laches or negligence on the part of the applicant and accordingly, find it fit to condone the delay of 23 days.

In view of the above, the I.A.(Civil)/2748/2024 stands allowed and disposed of.

The Registry to give number to the main MACApp. and list it for admission hearing after 2 (two) weeks.

JUDGE

Comparing Assistant