Insurer sought condonation of 68 days' delay in filing an appeal against a MACT Goalpara award. The court found sufficient cause shown and no objection from respondents, condoned the delay and directed registration of the appeal.
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
GAHC010248882023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3290/2023
NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE.
VERSUS
DINESH CH. RAY AND 3 ORS. S/O LATE BARADA KT. RAY,
VILL.- BALADMARI BIHU FIELD, GOLAPARA TOWN, P.O.- BALADMARI, P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783121.
2:PRABHATI RAY W/O DINESH CH. RAY
VILL.- BALADMARI BIHU FIELD GOLAPARA TOWN P.O.- BALADMARI P.S.- GOALPARA DIST.- GOALPARA ASSAM PIN- 783121.
3:ARINDAM SARKAR S/O LATE AMAR KR. SARKAR R/O WARD NO. 4 GOURIPUR P.O.- GOURIPUR P.S.- GOURIPUR DIST.- DHUBRI
Page No.# 2/3
ASSAM PIN- 783331 4:ASHRAFUL HOQUE S/O MIAZUDDIN VILL.- GERAMARI PT- 1 P.O.- GOURIPUR P.S.- GOURIPUR DIST.- DHUBRI ASSAM PIN- 783331
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : MR. P HAZARIKA (R-1,2), MR. H S BORAH (R-1,2)
Linked Case :
NATIONAL INSURANCE COMPANY LTD.
VERSUS
DINESH CH RAY AND 3 ORS E
-----------Advocate for : MR T KALITA Advocate for : appearing for DINESH CH RAY AND 3 ORS E
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 05-08-2024
Heard Mr. J. Kotoki, learned counsel for the applicant. I have also heard
Page No.# 3/3
Mr. P. Hazarika, learned counsel for the respondent nos. 1 and 2.
This is an application under section 5 of the Limitation Act, 1963 read with section 173 of the MV Act praying for condonation of delay of 68 days in filing the connected appeal against the judgment and order dated 25.05.2023 passed by the learned MACT, Goalpara in MAC case no. 444/2019.
The ground for not filing the connected appeal within the stipulated time has been explained in para 3 and 4 of the application.
Upon consideration, I am satisfied that the applicant has shown sufficient cause for not filing the connected appeal within the stipulated time. Moreover, the learned counsel for the respondent has no objection if the delay of 68 days is condoned.
In view of the above, the delay of 68 days in filing the connected appeal is hereby condoned.
With the above, this I.A stands disposed of.
The Registry to register the connected appeal and list it on a date to be fixed by the Registry.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the 68-day delay in filing the appeal against the MACT award be condoned?
2 provisions across 2 enactments
National Insurance Company Limited
Dinesh Ch. Ray
Prabhati Ray
Arindam Sarkar
Ashraful Hoque
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
