Allowed

The National Insurance Co. Ltd. v. Sujan Paul and 3 Ors.

Gauhati HC4 Feb 2020I.A.(Civil)/1568/2017

Case brief

AI extract

What is this about?

The Gauhati High Court addressed an application for condonation of delay in filing a Motor Accident Claims Appeal delayed by 267 days. On the applicant's grounds and respondent's consent, the court allowed condonation, disposed of the IA, and listed the appeal.

What did the court decide?

The delay of 267 days in filing the appeal is condoned. The IA is disposed of and the appeal is registered and listed after a week.

The National Insurance Co. Ltd. Vs Sujan Paul and 3 Ors. — Insurance | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010023032017

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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) 1568/2017

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In MAC Appl. No. 292564/2017

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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

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VERSUS

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1:SUJAN PAUL and 3 ORS, S/O HARI DAS PAUL, R/O VILL. SOUTH HAIBARGAON, VEVEKNANDA PALLY, .O. HAIBARGAON, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM, PIN 782003

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2:BAPAN PAUL S/O SRI H. PAUL R/O SOUTH HAIBARGAON DIST. NAGAON ASSAM PIN 782003

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3:MD. MIR HUSSAIN S/O LATE ABDUL KADIR R/O PANIGAON A.T. ROAD NEAR MICROWAVE STATION P.S. NAGAON DIST. NAGAON ASSAM PIN 782001

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4:THE NEW INDIA ASSURANCE CO. LTD. NAGAON BRANCH DIST. NAGAON ASSAM, PIN 78200.

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Page No.# 2/2

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Advocate for the Petitioner : MS.C MOZUMDAR

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Advocate for the Respondent : MR.R GOSWAMIR-4

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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04-02-2020

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Heard Mr. R. D. Mazumdar, learned counsel for the applicant who submits that there is a delay of 267 days in filing the appeal against the judgment and award dated 15.03.2016 passed by the MACT, Nagaon in MAC Case No. 463 of 2008.

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Ms. P. Borthakur, the learned counsel for the respondent No. 4 submits that she has no objection to the delay being condoned.

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Office note dated 02.02.2019 states that service of notice in respect of respondent Nos. 1 and 2 have been served and the process server report stated that the father accepted the notice. However, there is no service report in respect of the respondent No. 3, who is the owner of the vehicle.

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On considering the fact that the ground of appeal taken by the applicant is that the vehicle insured by them was not involved in the accident, this Court is of the view that the present application can be disposed of in the absence of the respondent No. 3. On considering the grounds for the delay taken in paragraphs 2 to 14 of the application and keeping in view the submission made by the learned counsel for the respondent No. 4, this Court finds that sufficient ground for the delay.

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The delay of 267 days is accordingly condoned.

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IA is accordingly disposed of.

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Registry to register the appeal and the stay application and list the same after a week.

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JUDGE

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Comparing Assistant

The National Insurance Co. Ltd. v. Sujan Paul and 3 Ors.

Case brief

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The National Insurance Co. Ltd. v. Sujan Paul and 3 Ors.

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