National Insurance Company sought condonation of a nine-day delay in filing an appeal to a Motor Accidents Claims Tribunal order. The court deemed notice served on one respondent under the General Clauses Act and granted condonation as no objection was raised.
delay of 9 days in filing the connected appeal is condoned; I.A disposed of.
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GAHC010092652015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC 164/2015
1:THE NATIONAL INSURANCE CO. LTD.,
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071, REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005
VERSUS
1:SMTI MANJU DUSAD and ANR,
W/O LATE CHANDAN DUSAD, R/O NAMBOR NADI TEA ESTATE, P.O. SANTIPUR, BORPATHAR, PS. BOKAJAN, DIST. KARBIANGLONG, ASSAM.
2:THE MANAGER NAMBOR NADI TEA ESTATE P.O. SANTIPUR BORPATHAR P.S. BOKAJAN DIST. KARBIANGLONG ASSAM OWNE
Advocate for the Petitioner : MS.B BORAH
Advocate for the Respondent : MS.P BARUAHR-1
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 01-04-2019
Heard Mrs. R.D. Mozumdar, the learned counsel for the applicant as well as Ms. S.
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Khanikar, the learned counsel for the respondent No. 1. None appears for the respondent No. 2.
Office note dated 08.05.2017 indicates that notice was sent to the respondent Nos. 1 & 2 on 05.05.2017. However, office note dated 26.03.2019 indicates that no service report on behalf of the respondent No. 2 has been receive by the dealing Section. However, considering the fact that notice was sent as far back on 05.05.2017 and in view of Section 27 of the General Clauses Act, notice shall be deemed served upon the respondent No. 2.
By filing this application, the applicant seeks condonation of 9 days delay in filing the connected appeal against the judgment & order dated 14.08.2014, passed by the learned Member, Motor Accidents Claims Tribunal, Golaghat in MAC Case No. 122/2007.
The learned counsel for the respondent No. 1, Ms. S. Khanikar, submits that she has no objection if the appeal is condoned.
I have perused the contents of the application, particularly paragraph Nos. 4 to 8 and I am satisfied that the applicant has properly explained the delay in filing the appeal.
Consequently, the delay of 9 days in filing the connected appeal stands condoned.
I.A is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay in filing the appeal against the Motor Accidents Claims Tribunal judgment can be condoned.
1 provisions across 1 enactments
THE NATIONAL INSURANCE CO. LTD.
SMTI MANJU DUSAD
THE MANAGER NAMBOR NADI TEA ESTATE
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
