The Gauhati High Court allowed an interlocutory application seeking condonation of a significant delay in filing an appeal arising from a Motor Accident Claim Tribunal case, holding the grounds for delay to be sufficient.
The prayer for condonation of delay in filing the accompanying appeal is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010021332017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1393/2017
SHRI ARUN KUMAR PAUL, S/O LATE PURNA CH. PAUL, R/O VILL. PONEMANNI, P.O. and P.S. BAGRIBARI, DIST. DHUBRI, ASSAM, PIN 783349
VERSUS
THE DIVISIONAL MANAGER and 6 ORS, NATIONAL INSURANCE CO. LTD., BONGAIGAON DIVISION, DIST. BONGAIGAON, ASSAM, PIN 783380
2:THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD. GOALPARA BRANCH P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM PIN 783101
5:THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD. BONGAIGAON DIVISION DIST. BONGAIGAON ASSAM PIN 78338
Advocate for the Petitioner : MR. H DAS
Advocate for the Respondent : MR. A DUTTA (R1, R2)
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 02-08-2022
Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. A. Dutta, learned counsel for the respondent Nos. 1 & 2 and Mr. A. Acharya, learned counsel for the respondent No. 5.
This Interlocutory Application has been filed seeking condonation of delay of 873 days in filing the accompanying appeal. The appeal is preferred by the claimant as the applicant/appellant being aggrieved by the Judgment and Order 20.06.2013 passed in MAC Case No. 520/2005 as well as order dated 08.07.2015 in Misc. (R) Case No. 20/2013 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara.
The opposite party No. 5 has contested the prayer for delay by filing the objections and to which rejoinder has also been filed by the claimant. The opposite parties No. 1 & 2 have not filed any objections opposing the delay.
The learned counsels for the parties have been heard and pleadings on record have been duly perused.
Upon consideration of grounds urged in support of prayer for delay, this Court is of the view that the grounds urged are found to be justified and sufficient for explanation of the delay that has occurred.
Accordingly, this Court is of the view that the prayer for delay in filing accompanying appeal can be condoned. The same is, therefore, condoned. I.A. is allowed and disposed of.
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The Registry is directed to number the accompanying appeal and list
it before the Court after 2(two) weeks.
JUDGE
Comparing Assistant
1 issue framed by the court
whether condonation of a delay of 873 days in filing an appeal is justified
Shri Arun Kumar Paul
The Divisional Manager, National Insurance Co. Ltd., Bongaigaon Division
The Branch Manager, National Insurance Co. Ltd., Goalpara Branch
The Divisional Manager, New India Assurance Co. Ltd., Bongaigaon Division
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
