The Gauhati High Court allowed an interlocutory application seeking condonation of a 98-day delay in filing an appeal against a Motor Accident Claims Tribunal judgment under the Motor Vehicles Act, finding sufficient explanation for the lapse.
Application allowed; delay condoned; appeal numbered and listed before the Court.
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GAHC010008602014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/1121/2014
SMTI MAYA RANI ROY
W/O SHRI JOGEN ROY, R/O VILL. KONWARPUR, RAJ ALI, P.O. KALAKHUWA, P.S. LALUK, DIST. LAKHIMPUR, ASSAM.
VERSUS
SHRI BABUL BORUAH and 3 ORS, S/O BIREN BORUAH, R/O VILL. KONWARPUR, P.S. LALUK, DIST. LAKHIMPUR, ASSAM.
2:MRINAL NEOG
S/O SHRI RAJEN NEOG R/O VILL. CHOMUA GAON P.O. BORBALI P.S. BIHPURIA DIST. LAKHIMPUR ASSAM.
S/O LATE JOGEN NEOG R/O VILL. CHOMUA GAON P.O. BORBALI P.S. BIHPURIA DIST. LAKHIMPUR ASSAM.
4:NEW INDIA ASSURANCE CO. LTD.
NORTH LAKHIMPUR BRANCH
NORTH LAKHIMPUR REPRESENTED BY ITS BRANCH MANAGER
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Advocate for the Petitioner : MR.D GOSWAMI
Advocate for the Respondent : MS.M SAIKIAR-4
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 05-08-2022
Heard Mr. D. Goswami, learned counsel for the applicant. Also heard Mr. R. Sarma, learned counsel for the respondents No. 2 & 3 and Ms. M. Saikia, learned counsel for the respondent No. 4.
None appears on behalf of the respondent No. 1 although office note reveals that notice has been served and A/D card has been duly received after due signature.
This Interlocutory Application has been filed seeking condonation of delay of 98 days which had occurred in filing the accompanying appeal against the Judgment and Order dated 11.04.2012 passed by the Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur in MACT Case No. 32/2010.
No objections have been filed.
Upon hearing the learned counsels for the parties and upon perusal of the grounds urged in the I.A., this Court finds sufficient explanation for the delay which had occurred in filing the accompanying appeal. Accordingly, the delay is condoned.
I.A. is accordingly allowed and disposed of.
Registry is directed to number the MAC appeal and list it before the Court
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after 2(two) weeks.
The learned counsel is permitted to serve advance copies of the memo of appeal to the learned counsel for the respondents.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether condonation of delay of 98 days in filing a Motor Accident Claims appeal is justified.
Smti Maya Rani Roy
Shri Babul Boruah
Mrinal Neog
Rajen Neog
New India Assurance Co. Ltd.
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
