United India Insurance Co. Ltd v. Priti Dutta and 2 Ors

ORDER Date : 29.05.2024 Ms. M. Choudhury, learned counsel for the applicant is present along with Mr. A. R. Sikdar, learned counsel for the respondents No.1 and 2. The instant application is for condonation of delay of 30 days in filing the connected appeal against the impugned judgment dated 19.09.2022, passed by the Learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No.461/2016. The learned counsel for the applicant submits that the delay of 30 days in filing the instant appeal has been explained at paragraph-5 of the application, which is mainly due to the time taken in obtaining certified true copy of the impugned judgment and also time taken to obtain legal opinion from the Regional Office. Mr. A. R. Sikdar, learned counsel for the respondents submits that he has no objection to the condoning of delay of 30 days. In view of the above, this Court on perusal of the reasons given for the delay of Page No.# 3/3 30 days, which has been highlighted in paragraph-5 of the application, finds that the delay is not due to any negligence or laches on the part of the applicant. Accordingly, the delay of 30 days in filing the connected appeal is condoned and I.A. No.553/2023 has allowed and disposed of. The Registry to give the registration number to the appeal petitioner. Matter to be listed for admission. Extra Copies of the appeal memo to be duly furnished to the learned counsel for the respondents. Thereafter, the name of Mr. A. R. Sikdar, learned counsel for the respondents No.1 and 2 is to be reflected in the cause list.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010017562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/599/2023 UNITED INDIA INSURANCE CO. LTD . HAVING ITS REGISTERED HEAD OFFICE AT 24, WHITES ROAD, CHENNAI- 24 AND REGIONAL OFFICE AT GUWAHATI- 5, REP. BY THE REGIONAL MANAGER. VERSUS PRITI DUTTA AND 2 ORS. W/O LATE RAJU DUTTA, VILL.- MOIRABARI, P.S.- MOIRABARI, DIST.- MORIGAON, (ASSAM) PIN- 782126. 2:RISHITA DUTTA D/O LATE RAJU DUTTA VILL.- MOIRABARI P.S.- MOIRABARI DIST.- MORIGAON (ASSAM) PIN- 782126 Advocate for the Petitioner : MS. M CHOUDHURY Advocate for the Respondent : MR. A R SIKDAR (R-1) Linked Case : Page No.# 2/3 UNITED INDIA INSURANCE CO. LTD . VERSUS PRITI DUTTA AND 2 ORS . A ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for PRITI DUTTA AND 2 ORS . A BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG