Allowed an interlocutory application for condonation of delay in filing an appeal against the Motor Accident Claims Tribunal's judgment, satisfying the specified grounds and supplementing service via gazette notification.
The application for condonation of a delay of 154 days in filing the appeal is allowed.
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GAHC010274602019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3962/2019
ORIENTAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER
VERSUS
MRS. MUSLIMA BEGUM and 6 ORS.
W/O LT. SIFAR UDDIN @ MAMTAZ ALI, R/O NAM DOBOKA PATHAR, P.S.DOBOKA, DIST-NAGAON, ASSAM
2:MISS JAMILA BEGUM
D/O LATE SIFAR UDDIN @ MOMTAZ ALI R/O NAM DOBOKA PATHAR
P.S.-DOBOKA
DIST-NAGAON
ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)
3:MISS JAHANARA BEGUM
D/O LATE SIFAR UDDIN @ MOMTAZ ALI
R/O NAM DOBOKA PATHAR P.S.-DOBOKA DIST-NAGAON
ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)
4:MD. ZAKARIA AHMED
S/O LATE SIFAR UDDIN @ MOMTAZ ALI R/O NAM DOBOKA PATHAR P.S.-DOBOKA DIST-NAGAON
ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)
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5:MD. JAHANGIR ALOM S/O LATE SIFAR UDDIN @ MOMTAZ ALI R/O NAM DOBOKA PATHAR P.S.-DOBOKA DIST-NAGAON ASSAM (MINOR REPRESENTED BY RESPONDENT NO.1)
6:ARUN SAHA S/O LATE BHARAT SAHA R/O KALIBARI ROAD HAFLONG P.S.-HAFLONG DIST-DIMA HASAO ASSAM (OWNER OF THE VEHICLE NO. AS-11/G-5486)
7:MD. KAMIL HUSSAIN S/O MATIN UDDIN R/O LOWER HAFLONG P.S.-HAFLONG DIST-DIMA HASAO ASSAM (DRIVER OF THE VEHICLE NO. AS-11/G-5486
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent : MR. M DUTTA
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 02-08-2022
Heard Mr. S. Dutta, learned senior counsel assisted by Ms. B. Das, learned counsel for the applicant. Also heard Ms. S. Dev, learned counsel for the respondent Nos. 1 to 5.
This Interlocutory Application has been filed by the applicant/Oriental Insurance Company seeking condonation of delay of 154 days in filing the accompanying appeal against the Judgment and Order dated 21.03.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon (Assam) in
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MAC Case No. 16/2015.
This Court vide order dated 29.11.2019 issued Notice on the respondents. Subsequently, since service was not complete in respect of respondent Nos. 6 and 7, liberty was granted to the applicant to take steps by substituted process and accordingly an advertisement was published in Assam Tribune on the 7th May, 2022. An affidavit enclosing the paper publication has also been filed by the applicant and the same is available on record.
The learned counsel for the respondent Nos. 1 to 5 does not object to the prayer for condonation of delay. Since paper publication has been affected the service on respondent Nos. 6 and 7 is deemed to be complete.
I have heard the learned counsels for the parties and have also perused the grounds urged for the delay that has occurred in filing the accompanying appeal.
After due perusal of the pleadings on record, this Court is satisfied that the grounds urged are sufficient for explaining the delay that had occurred in filing the accompanying appeal.
Accordingly, this I.A. is allowed condoning the delay of 154 days that has occurred in filing the appeal.
I.A. is accordingly disposed of.
The Registry is directed to number the accompanying appeal and list it before the Court after 2(two) weeks.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to condone the delay of 154 days in filing the accompanying appeal.
Whether the grounds urged for delay are sufficient to explain the delay.
Oriental Insurance Co. Ltd.
Mrs. Muslima Begum
Miss Jamila Begum
Miss Jahanara Begum
Md. Zakaria Ahmed
Md. Jahangir Alom
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
