National Insurance Company Limited v. Md. Khairul Islam and 2 Ors,

ORDER Date : 29.07.2024

¶1Heard Ms. R. D. Mozumdar, learned counsel for the applicant. Also heard Mr. M. Saikia, learned counsel for the respondent No. 1.

¶2The learned counsel for the applicant has served the notice on the respondent No. 2 by dasti mode and in compliance of the same an additional affidavit has been filed by the applicant to show the service of notice on the respondent No. 2 Md. Faruque Hussain through dasti mode.

¶3I have perused the additional affidavit filed by the applicant which contains a copy of the notice to the respondent No. 2 wherein the signatures and phone numbers of respondent No. 2 also appears.

¶4In view of the averments made in the additional affidavit by the applicant, the notice issued to respondent No. 2 is held to be duly served.

¶5As the service of notice on the opposite parties is complete, this application under 2nd proviso to Section 173 of the Motor Vehicles Act, 1988 has been filed by the applicant for condoning the delay of 212 days in preferring the connected appeal against the impugned judgment and award dated 20.06.2017 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 414/2012.

¶6The learned counsel for the applicant has submitted that the applicant has explained the cause for delay in preferring the connected appeal in paragraph No. 3 to 11 of the condonation of the delay application. Page No.# 4/4

¶7On the other hand, learned counsel for the claimant/respondent No. 1 has submitted that he has no objection if the delay in preferring the connected appeal is condoned by this Court.

¶8In view of the grounds mentioned in paragraph No. 3 to 11 of the condonation of delay application as well as in view of the fact that the respondent No. 1 has not opposed the condonation of delay application, this Court is inclined to condone the delay of 212 days caused by the appellant in preferring the connected appeal.

¶9This interlocutory application is accordingly allowed and the delay in filing the MAC Appeal is hereby condoned.

¶10Registry is directed to list the connected MAC Appeal for admission hearing column in the next week on a date to be fixed by the Registry.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010098752018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1648/2018 NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071 REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005 VERSUS MD. KHAIRUL ISLAM AND 2 ORS, S/O MD. MOHIBULLA KHAN, VILL. JURIA, P.S. JURIA, DIST. NAGAON, ASSAM, PIN 782124 2:MD. FARUQUE HUSSAIN S/O LATE IBRAHIM ALI VILL. AZAD NAGAR AMINPATTY P.S. SADAR DIST. NAGAON ASSAM PIN 782001 3:MD. KASHEM ALI S/O MD MUSLUMUDDIN VILL. BHAKATGAON P.S. SADAR DIST. NAGAON ASSAM PIN 78200 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MS F BEGUM Page No.# 2/4 Linked Case : MACApp./372/2018 NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA 700071 REPRESENTED BY THE ASSTT. MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI 781005 VERSUS MD KHAIRUL ISLAM AND 2 ORS S/O MD. MOHIBULLA KHAN VILL. JURIA DIST. NAGAON ASSAM PIN 782124 2:MD. FARUQUE HUSSAIN S/O LATE IBRAHIM ALI VILL. AZAD NAGAR AMINPATTY P.S. SADAR DIST. NAGAON ASSAM PIN 782001 3:MD. KASHEM ALI S/O MD. MUSLUMUDDIN VILL. BHAKATGAON P.S. SADAR DIST. NAGAON ASSAM. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MD KHAIRUL ISLAM AND 2 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA