Allowed

Prafulla Rabha and 2 Ors. v. Oriental Insurance Co. Ltd. and 2 Ors.

Gauhati HC5 Aug 2022I.A.(Civil)/526/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an Interlocutory Application seeking condonation of delay in filing an appeal against the Motor Accident Claims Tribunal's judgment. The Court found sufficient explanation for the 73-day delay and allowed the application.

What did the court decide?

Condonoation of delay of 73 days in filing the accompanying appeal was granted; the McA is directed to be listed.

Prafulla Rabha and 2 Ors. Vs Oriental Insurance Co… — Motor Accident Claims | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010000432020

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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)/526/2020

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PRAFULLA RABHA AND 2 ORS. S/O- LATE KICHARAM RABHA, R/O- VILL.- BHAISKHULI, P.O. AND P.S. AGIA, DIST.- GOALPARA, ASSAM

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2: JAPESWARI RABHA W/O- PRAFULLA RABHA R/O- VILL.- BHAISKHULI P.O. AND P.S. AGIA DIST.- GOALPARA ASSAM 3: DEEPTI RABHA W/O- LATE PRADIP RABHA R/O- VILL.- BHAISKHULI P.O. AND P.S. AGIA DIST.- GOALPARA ASSA

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VERSUS

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ORIENTAL INSURANCE CO. LTD. AND 2 ORS. REP. BY REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI, G.S. ROAD, ULUBARI, P.O. GUWAHATI- 781007, DIST.- KAMRUP(M), ASSAM.

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2:AINAL HOQUE S/O- LATE PATARU SHEIKH VILL.- CHANDAMARI P.O. BOLBOLA P.S. AGIA DIST.- GOALPARA ASSAM.

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3:ABBASH ALI S/O- MONIRUDDIN

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Page No.# 2/3

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VILL.- BUJRUK MANIKPUR P.O. KRISHNAI DIST.- GOALPARA ASSAM

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Advocate for the Petitioner : MR. A R AGARWALA

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Advocate for the Respondent : MR. S P SHARMA

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 05-08-2022

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Heard Mr. A. R. Agarwala, learned counsel for the applicants. Also heard Ms. R. D. Mozumdar, learned counsel for the respondent No. 1.

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Office note dated 30.07.2022 reflects that A/D card on respondent Nos. 2 and 3 has been received back after service of notice. None has appeared for the said respondents.

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This Interlocutory Application has been filed seeking condonation of delay of 73 days which had occurred in filing the accompanying appeal against the Judgment and Order dated 09.07.2019 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 23/2017.

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Heard the learned counsel for the applicant as well as the learned counsel for the respondent No. 1.

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The learned counsel for the respondent No. 1 does not object to the prayer for condonation of delay.

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Upon hearing the learned counsels for the parties and upon perusal

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of the grounds urged in the I.A., this Court finds that there is sufficient explanation for the delay which had occurred in filing the accompanying appeal. Accordingly, the delay of 73 days is condoned.

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I.A. is accordingly allowed and disposed of.

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Registry is directed to number the MAC appeal and list it before the Court after 2(two) weeks.

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The learned counsel for the applicant is also is permitted to serve copies of the MAC Appeal to the learned counsel appearing for the respondent.

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JUDGE

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Comparing Assistant

Prafulla Rabha and 2 Ors. v. Oriental Insurance Co. Ltd. and 2 Ors.

Case brief

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Prafulla Rabha and 2 Ors. v. Oriental Insurance Co. Ltd. and 2 Ors.

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