Balen Deka v. Mustt Binan Biwi and 5 Ors

ORDER Date : 19 .01. 2024 Heard Ms. A. Das, learned counsel for the applicant and Ms. R. Devi, Page No.# 3/4 learned counsel for the respondent No. 6. This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 205 days in filing the connected appeal against the impugned judgment and order dated 21.12.2017, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati in MAC Case No. 2085/2014. The learned counsel for the applicant has submitted that the applicant was suffering from neurological disorder and as such was not in a position to file the connected appeal in time. In support of the ailment of the applicant, the learned counsel for the applicant has produced some medical documents, vide Annexure-A. It is also submitted that the appeal has been filed by the appellant on quantum of compensation. The learned counsel for the respondent No. 6 has filed objection and opposed in condoning the delay in filing the connected appeal. However, considering the prayer of the learned counsel for the applicant that the applicant was suffering from some ailment and the applicant was not in a position to file the appeal in time, the prayer of the applicant is allowed. The delay of 205 days is, therefore, condoned. The Registry is directed to register the connected appeal and list the matter for admission after two weeks. The I.A. stands disposed of.

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010007302019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/139/2019o BALENoDEKAo S/OoRAJENoDEKA,oR/OoVILL.oELANDIGALo,oP.S.oNALBARI,oDIST.oNALBARI,o ASSAM. VERSUSo MUSTToBINANoBIWIoANDo5oORSo W/OoLATEoRAHMANoALI,oR/OoVILL.oMUGKUCHI,oP.S.oNALBARI,oPINo781335,o ASSAM. 2:SUBHANoALI oS/OoLATEoRAHMANoALI oR/OoVILL.oMUGKUCHI oP.S.oNALBARI oPINo781335 oASSAM. 3:IKRAMoHUSSAIN oS/OoLATEoRAHMANoALI oR/OoVILL.oMUGKUCHI oP.S.oNALBARI oPINo781335 oASSAM. 4:MAJNURoALI oS/OoLATEoRAHMANoALI oR/OoVILL.oMUGKUCHI oP.S.oNALBARI oPINo781335 oASSAM. Page No.# 2/4 5:NASIR ALI S/O LATE RAHMAN ALI R/O VILL. MUGKUCHI P.S. NALBARI PIN 781335 ASSAM. 6:THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. G.S. ROAD ABC GUWAHATI 78100 Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : MR. K K BHATTA (R6) Linked Case : BALEN DEKA VERSUS MUSTT BINAN BIWI AND 5 ORS ------------ Advocate for : Advocate for : appearing for MUSTT BINAN BIWI AND 5 ORS BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI