Allowed

MD Suraj Ali v. United India Insurance Co. Ltd. and 3 Ors.

Gauhati HC18 Nov 2019I.A.(Civil)/2413/2018

Case brief

AI extract

What is this about?

The High Court, Guwahati disposed of an application seeking condonation of delay of 168 days in preferring a connected appeal against a Motor Accident Claims Tribunal award. The Court accepted the applicant's explanation regarding grievous injuries and disability.

What did the court decide?

Delay of 168 days in preferring the connected appeal stands condoned.

MD Suraj Ali Vs United India Insurance Co. Ltd. and… — Execution and Attachment | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010144682018

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

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Case No. : I.A.(Civil) 2413/2018

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1:MD SURAJ ALI

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S/O MD. SIDDIQUE ALI, R/O VILL. MALAHUGAON, P.O. BHURAGAON, P.S. BHURAGAON, DIST. MORIGAON, ASSAM, PIN 782411

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VERSUS

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1:UNITED INDIA INSURANCE CO. LTD AND 3 ORS

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REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S. ROAD, CHRISTIANBASTI, GUWAHATI-5 (INSURER OF BUS NO. AS-25/A-3145)

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2:SRI DIPAK BORDOLOI S/O LATE MOHAN BORDOLOI R/O VILL. KALIAJARI P.O. DIGHALBORI P.S. MORIGAON DIST. MORIGAON ASSAM (OWNER OF BUS NO. AS-25/A-3145)

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3:NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S ROAD BHANGAGARH GUWAHATI-5 (INSURER OF MOTOR CYCLE NO. AS-21/D-0616)

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4:MD. NAZMUL HUDA S/O MD. MATIUR RAHMAN VILL. TENGAGURI KACHARIGAON P.O. TENGAGURI P.S. LAHARIGHAT DIST. MORIGAON

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Page No.# 2/4

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ASSAM (OWNER OF MOTOR CYCLE NO. AS-21/D-0616

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Advocate for the Petitioner : MR. M TALUKDAR

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Advocate for the Respondent : MR SISHIR DUTTA

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IN MACApp. 612/2018 1:MD SURAJ ALI S/O MD. SIDDIQUE ALI R/O VILL. MALAHUGAON P.O. BHURAGAON P.S. BHURAGAON DIST. MORIGAON ASSAM PIN 782411

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VERSUS 1:UNITED INDIA INSURANCE CO. LTD AND 3 ORS REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI-5 (INSURER OF BUS NO. AS-25/A-3145)

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2:SRI DIPAK BORDOLOI S/O LATE MOHAN BORDOLOI R/O VILL. KALIAJARI P.O. DIGHALBORI P.S. MORIGAON DIST. MORIGAON ASSAM (OWNER OF BUS NO. AS-25/A-3145)

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3:NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S ROAD BHANGAGARH GUWAHATI-5 (INSURER OF MOTOR CYCLE NO. AS-21/D-0616)

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4:MD. NAZMUL HUDA

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S/O MD. MATIUR RAHMAN VILL. TENGAGURI KACHARIGAON P.O. TENGAGURI P.S. LAHARIGHAT DIST. MORIGAON ASSAM (OWNER OF MOTOR CYCLE NO. AS-21/D-0616)

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Advocate for the Petitioner : MR. M TALUKDAR Advocate for the Respondent : MR. K K BHATRA (R3)

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 18-11-2019

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Mr. M. Talukdar, learned counsel for the applicant by referring to office note dated 13.11.2019, has stated that service of notice on all the respondents is complete.

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I have also perused the office note dated 13.11.2019. In view of the said office note, the service of notice on all the respondents are treated to be complete.

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Also heard Ms. M. Choudhury, learned counsel for the respondent No. 1 and Ms. M.N. Konyak, learned counsel for the respondent No. 3.

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The applicant has preferred this application seeking condonation of delay of 168 days in preferring the connected appeal against the judgment and award dated 15.09.2017 passed by the learned Member, MACT, Morigaon in MAC Case No. 33/2013 seeking enhancement of the compensation amount.

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It is submitted by Mr. Talukdar that the applicant has suffered grievous injuries due to the motor vehicular accident which resulted into his permanent disablement. It is averred by the applicant that due to such disability, he cannot move without the support of others. As the said injuries were sustained in both of his legs and different parts of the body, he had failed to come to Guwahati in time to file the appeal against the same inspite of his best efforts and earnestness. The appeal could be filed on 28.05.2018 after much efforts on his

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part.

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Considering the status of the applicant and the explanation made in respect of the delay that has caused in connecting the appeal, I am of the view that the petitioner has been able to explain the delay in preferring the connected appeal showing sufficient cause. Accordingly, the delay of 168 days in preferring the connected appeal stands condoned.

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This I.A. (Civil) accordingly stands disposed of.

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JUDGE

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Comparing Assistant

MD Suraj Ali v. United India Insurance Co. Ltd. and 3 Ors.

Case brief

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MD Suraj Ali v. United India Insurance Co. Ltd. and 3 Ors.

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