The Court granted an application to condone a delay of 1520 days in filing a Motor Accident Claims appeal, finding the explanation satisfactory.
The delay of 1520 days in filing the connected MAC appeal is condoned; the appeal is to be registered and listed after two weeks.
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GAHC010018342020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/468/2020
SMTI. SANDHA DAS
W/O SRI DILIP DAS, R/O VILL. CHOWKHAM GAON, P.O. BORDOLONI, P.S. GUGAMUKH, DIST. DHEMAJI, ASSAM, PIN NO. 787026
VERSUS
NATIONAL INSURANCE COMPANY HAVING ITS REGIONAL OFFICE AT ARUN PRAKASH MANSON, 2ND FLOOR, MG.S ROAD, BHANGAGARH, GUWAHATI-781005, REPRESENTED BY ITS REGIONAL MANAGER.
Advocate for the Petitioner : MR. B BARUAH
Advocate for the Respondent : MS P SHILL
Linked Case :
SMTI. SANDHA DAS
VERSUS
NATIONAL INSURANCE COMPANY
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-----------Advocate for :
Advocate for : appearing for NATIONAL INSURANCE COMPANY
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 17-05-2023
Heard Mr. B.R. Das, learned counsel for the applicant and also heard Ms. S. Roy, learned counsel for the National Insurance Company, sole respondent.
This is an application under Section 5 of the Limitation Act, 1963 seeking for condonation of delay of 1520 (one thousand five hundred twenty) days in filing the connected MAC Appeal.
Ms. S. Roy, learned counsel for the respondent vehemently argued that the cause of delay shown by the applicant is not at all sufficient and the delay for each day has to be explained satisfactorily.
Having heard the learned counsels for the parties and on perusal of the explanation furnished at paragraph nos. 3, 4, 5 and 6 of the application, this Court finds that the cause/explanation furnished by the applicant is sufficient which has prevented the applicant from filing the connected appeal. Accordingly, on being satisfied, the delay of 1520 (one thousand five hundred twenty) days in filing the connected MAC appeal is condoned.
I.A. is disposed of.
In view of the above order, the Registry is directed to register the MAC
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Appeal and list the matter after two (2) weeks) for admission hearing.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether cause of delay of 1520 days in filing the connected MAC appeal is sufficient to condone the delay under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
SMTI. SANDHA DAS
NATIONAL INSURANCE COMPANY
KARDAK ETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
