National Insurance Company Ltd v. Suma Begum Barbhuiya and 4 Ors

ORDER Date : 28-05-2024

Heard Ms. L. Sharma, learned counsel for the applicant along with Mr. L.R. Mazumder, learned counsel for respondent Nos. 1 to 3. On perusal of the office note dated 13.12.2023, it appears that the respondent No.4 has expired as duly informed by her son. It is also seen that notice upon respondent No.5 was received by a member of a family. In view of the above, notice is deemed to be complete upon the respondents. The instant application filed under Section 5 of the Limitation Act is for the condonation of delay of 12 days in filing the connected appeal against the Judgment & Award dated 17.11.2022 passed by the learned Member, MACT, Page No.# 4/4 Cachar in MAC Case No.382 of 2019. The learned counsel for the applicant submits that the delay of 12 days has been explained at para 4 & 5 of the application, wherein time was taken for acquiring the certified true copy and for consulting an engaging an advocate. The learned counsel submits that the delay was not due to any negligence on the part of the applicant. Mr. L.R. Mazumder, learned counsel for respondents has raised no objection to the condonation of delay. On perusal of the explanation given by the learned counsel for the delay which is highlighted at paras 3 & 4 of application, this court finds that the delay has been satisfactorily explained and that it was not due to any latches or negligence on the part of the applicant. In view of the above, this court find it fit to condone the delay of 12 days in filing the connected appeal against the Judgment & Award dated 17.11.2022 passed by the learned Member, MACT, Cachar in MAC Case No.382 of 2019. Accordingly, I.A.(Civil) No. 859/2023 stands allowed and disposed. Registry to give number to the MAC. Appeal and list for admission in due course. Meanwhile, copy of the memo of appeal is to be duly furnished to the learned counsel for the respondents. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010046972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/859/2023o NATIONALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3,oMIDDLETONo STREET,oKOLKATAoANDoONEoOFoTHEoREGIONALoOFFICES,oASoGUWAHATIo REGIONALoOFFICEoAToG.S.oROAD,oBHANGAGARH,oGUWAHATI-o5. VERSUSo SUMAoBEGUMoBARBHUIYAoANDo4oORS.o W/OoLATEoSAJUoMIA,o VILL.-oSONABARIGHAToPART-oI,o P.S.-oSILCHAR,o DIST.-oCACHAR,oASSAM,oPIN-o788013. 2:SANIYAoBEGUM oD/OoLATEoSAJUoMIA o VILL.-oSONABARIGHAToPART-oI o P.S.-oSILCHAR o DIST.-oCACHAR oASSAM oPIN-o788013. 3:SUNIYAoBEGUM oD/OoLATEoSAJUoMIA o VILL.-oSONABARIGHAToPART-oI o P.S.-oSILCHAR o DIST.-oCACHAR Page No.# 2/4 ASSAM PIN- 788013. 4:JALI BIBI W/O LATE ATAB UDDIN VILL.- SONABARIGHAT PART- I P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788013. 5:MONIR UDDIN CHOUDHURY S/O LATE FOJIJUR RAHMAN CHOUDHURY VILL.- KAJIDHAR PART- III P.O.- BOALIJUR P.S.- SONAI DIST.- CACHAR ASSAM PIN- 788115 Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : MR. A ISLAM (r-1) Linked Case : NATIONAL INSURANCE COMPANY LTD. VERSUS SUMA BEGUM BARBHUIYA AND 2 ORS. A Page No.# 3/4 ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SUMA BEGUM BARBHUIYA AND 2 ORS. A Linked Case : NATIONAL INSURANCE COMPANY LTD. VERSUS SUMA BEGUM BARBHUIYA AND 2 ORS. A ------------ Advocate for : MR. K K BHATTA Advocate for : appearing for SUMA BEGUM BARBHUIYA AND 2 ORS. A BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG