Sahara Khatun and 3 Ors v. Sri Madan Singh and 2 Ors

ORDER Date : 26-02-2024 Heard Mr. S. K. Goswami, learned counsel for the applicants. I have also heard Mr. S. P. Sharma, learned counsel for the respondent no. 3. This is an application under section 5 of the Limitation Act read with Section 173(1) of M.V.Act, 1988, for condonation of delay of 21 days in preferring an appeal against the impugned judgment and award dated

30.05.2015, passed by the learned Member, MACT, Kamrup in MAC case no. 2529/2012. The learned counsel for the applicants submits that despite of taking repeated steps upon the respondent nos. 1 and 2, by a registered post as well as by usual process, the appearance of respondent nos. 1 and 2 could not be procured. The learned counsel further submits that the respondent nos. 1 and 2 who were impleaded as respondent nos. 2 and 3 before the Motor Accident Claims Tribunal also remained absent and the matter proceeded ex-parte against them. As per the Order 41 Rule 14(4) which stated that it is not necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal. In the instant case, since the respondent nos. 1 and 2 had not appeared, no notice is required to be issued to them in this appeal. The ground for delay in filing this appeal has been explained in para 3 and 4, and on perusal, I am satisfied with the ground explained for delay in Page No.# 5/5 filing this appeal. Moreover, the learned counsel for respondent no. 3, Mr. S. P. Sharma, has not filed any objection and submits that he has no objection, if the delay of 21 days in filing the connected appeal is condoned. In view of the above, the delay of 21 days in filing the connected appeal is hereby condoned. With the above observation, this IA stands allowed and disposed of. Since the appeal has already been registered, list it for admission hearing. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010144782018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2419/2018o SAHARAoKHATUNoando3oORSo W/OoLATEoKHORSHEDoJAMAN,oR/OoSONAPUR,oDISTRICT-oKAMRUP,o 2:oSULEMANoALI oS/OoLATEoKHORSHEDoJAMAN oR/OoSONAPUR oP.S.oSONAPUR oDIST.oKAMRUP oASSAM. 3:oABDULoHAKIM oS/OoLATEoKHORSHEDoJAMAN oR/OoSONAPUR oP.S.oSONAPUR oDIST.oKAMRUP oASSAM. 4:oSADDAMoHUSSAIN oS/OoLATEoKHORSHEDoJAMAN oR/OoSONAPUR oP.S.oSONAPUR oDIST.oKAMRUP oASSAMo VERSUSo SRIoMADANoSINGHoando2oORSo S/OoSAHIBoSINGH,oR/O-oC/OoSINGHoANDoSAIKIoTRANSPORTER,oLALMATI,o BELTOLA,oGUWAHATI,oBASISTHA,oDISTRICT-oKAMRUPo(ASSAM),oPIN- 781028 2:MD.oSAHARoALI oS/OoMD.oBARIKoALIo@oBARAKoALI Page No.# 2/5 R/O NO. 4 MALIBARI PATHAR P.S. BOKO DIST. KAMRUP PIN 781123 3:THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. MALIGAON BRANCH BHANGAGARH GUWAHATI PIN 78101 Advocate for the Petitioner : MR.S K GOSWAMI Advocate for the Respondent : Linked Case : MACApp./611/2018 SAHARA KHATUN and 3 ORS W/O LATE KHORSHED JAMAN R/O SONAPUR DISTRICT- KAMRUP 2: SULEMAN ALI S/O LATE KHORSHED JAMAN R/O SONAPUR P.S. SONAPUR DIST. KAMRUP ASSAM. 3: ABDUL HAKIM S/O LATE KHORSHED JAMAN R/O SONAPUR P.S. SONAPUR DIST. KAMRUP ASSAM. 4: SADDAM HUSSAIN S/O LATE KHORSHED JAMAN R/O SONAPUR P.S. SONAPUR Page No.# 3/5 DIST. KAMRUP ASSAM. VERSUS SRI MADAN SINGH and 2 ORS S/O SAHIB SINGH R/O- C/O SINGH AND SAIKI TRANSPORTER LALMATI BELTOLA GUWAHATI BASISTHA DISTRICT- KAMRUP (ASSAM) PIN-781028 2:MD. SAHAR ALI S/O MD. BARIK ALI @ BARAK ALI R/O NO. 4 MALIBARI PATHAR P.S. BOKO DIST. KAMRUP PIN 781123 3:THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. MALIGAON BRANCH BHANGAGARH GUWAHATI PIN 781012 ------------ Advocate for : MR.S K GOSWAMI Advocate for : MS. R D MOZUMDAR appearing for SRI MADAN SINGH and 2 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG