Allowed

National Insurance Co. Ltd. v. Mrs. Rokia Begum and 7 Ors.

Gauhati HC3 Mar 2022I.A./382/2015

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for condonation of a 1330-day delay in filing an appeal against a compensation order. The court allowed the condonation, finding that the time taken for a review petition justified the delay and addressing the insurance company's contention regarding lack of coverage.

What did the court decide?

The delay stands condoned; the connected appeal is ordered to be registered and listed for admission hearing.

National Insurance Co. Ltd. Vs Mrs. Rokia Begum and 7 Ors. — Insurance | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010014562015

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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./382/2015

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NATIONAL INSURANCE CO. LTD.

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HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI 781005, KAMRUP ASSAM AND ONE OF ITS BRANCH OFFICE AT NAGAON ASSAM

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VERSUS

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MRS. ROKIA BEGUM and 7 ORS, W/O LATE SAMSUL HAQUE

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2:MISS SABIGUN NAHER D/O LATE SAMSUL HAQUE

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3:MD. JAHANGIR ALAM S/O LATE SAMSUL HAQUE

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4:MISS NOOR NAHER D/O LATE SAMSUL HAQUE

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5:MISS JEEBAN NAHER D/O LATE SAMSUL HAQUE

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6:MISS SABINA YESMIN D/O LATE SAMSUL HAQUE

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7:MD. RAJAB ALI

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FATHER OF LATE SAMSUL HAQUE

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8:MRS. JAMINA KHATUN

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Page No.# 2/3

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MOTHER OF LATE SAMSUL HAQUE ALL 1 - 8 ARE R/O VILL. SUTARGAON P.S. DHING DIST. NAGAON ASSAM

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Advocate for the Petitioner : MR A SAIKIA

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Advocate for the Respondent : MS.S Y AHMEDR-10

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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03.03.2022

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Heard Mr. R. K. Bhatra, learned counsel representing the applicant as well as Mr. I. A. Talukdar, learned counsel appearing for the respondent nos. 1 to 8.

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This is an application under Section 173 (1) of the Motor Vehicles Act, 1988 read with Section 5 of the Limitation Act praying for condonation of delay of 1330 days in filing the appeal.

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The only ground taken by the petitioner is that the petitioner/Insurance Company filed a review petition before the Tribunal and that matter took time for disposal.

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Mr. Bhatra submits that if the time taken for disposal of the review petition is not considered, then the delay would be only 125 days.

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Mr. Talukdar submits that the delay has not been properly explained.

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I have heard the learned counsels at length.

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The foundation of the appeal is based on the fact that there was no insurance coverage and inspite of that the Tribunal fastened the Insurance Company with the liability to pay the compensation.

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This court is of the opinion that the delay has been satisfactorily explained by the applicant. The review petition consumed time for disposal. The matter should also deserve to be considered from another angle. If there was no insurance coverage then the Insurance Company has no

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liability to pay compensation. In such a circumstance, if the Insurance Company is fastened with the liability to pay compensation, it would cause injustice because the insurance money is public money. The claimant is not entitled to take the benefit of fault committed by the Insurance Company.

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For the aforesaid premised reasons, the delay stands condoned. The connected appeal be registered and listed for admission hearing.

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The IA stands disposed of.

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Mrs. Rokia Begum and 7 Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Mrs. Rokia Begum and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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