New India Assurance Co Ltd v. Sonaram Tudu and 5 Ors

ORDER

27.09.2024 Heard Mr. K.K. Bhatta, learned counsel for the applicant and also heard Mr. K. Teri, learned counsel appearing on behalf of Ms. A.G. Choudhury, learned counsel for the respondent Nos.1—4. This application under Section 5 of the Limitation Act is preferred by the applicant, namely, New India Assurance Co. Ltd. for condonation of delay of 16 days in filing the connected appeal against the judgment and award dated 29.04.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup, in MAC Case Page No.# 3/3 No.173/2017. Mr. Bhatta, learned counsel for the applicant submits that though the judgment was delivered on 29.04.2024, on account of observance of some official formalities the appeal could not be preferred in time and when the appeal was filed on 19.08.2024, the period of limitation is over by 16 days and that the delay is not intentional, rather it is circumstantial and the same has duly been explained in paragraph 3 of the application and therefore, it is contended to condone the same. The learned counsel appearing on behalf of Ms. Choudhury, learned counsel for the respondent Nos.1—4 submits that the respondents have no objection in the event of condoning the delay of 16 days in preferring the connected appeal. Having heard the submission of learned Advocates of both sides, I have gone through the application and also the statement and averment made in paragraph 3 of the application. It appears that the delay of 16 days occurred in obtaining suggestion from the High Court panel Advocates and also in obtaining approval from the Head Office at Mumbai, is not intentional and therefore, this Court is inclined to allow this application. Accordingly, the delay of 16 days in filing connected appeal stands condoned. Registry shall register and number the connected appeal and list the same before the Court. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010169762024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3035/2024o NEWoINDIAoASSURANCEoCOoLTDo HAVINGoITSoREGISTEREDoOFFICEoAToNEWoASSURANCEoBUILDINGo87,o MAHATMAoGANDHIoROAD,oMUMBAI,oANDoONEoOFoTHEoREGIONALo OFFICESoAToSTARoCITYoCOMPLEX,o5THoFLOOR,oLACHIToNAGAR,o GUWAHATI-781005,oNEARoHANUMANoMANDIR VERSUSo SONARAMoTUDUoANDo5oORSo H/O.oLToSUROJUNIoHASDA,oR/O.oPANBARI,oBISHMURI,oP/S.oANDoDIST.o KOKRAJHAR,oBTAD,oASSAM,oPIN-783370 2:SRIoMILTHUSELAKoTUDU oS/O.oLToSUROJUNIoHASDA oR/O.oPANBARI oBISHMURI oP/S.oANDoDIST.oKOKRAJHAR oBTAD oASSAM oPIN-783370 3:MISSoELIZABETHoTUDU oD/O.oLToSUROJUNIoHASDA oR/O.oPANBARI oBISHMURI oP/S.oANDoDIST.oKOKRAJHAR oBTAD oASSAM oPIN-783370 4:SRIoMELSONoTUDU oS/O.oLToSUROJUNIoHASDA Page No.# 2/3 R/O. PANBARI BISHMURI P/S. AND DIST. KOKRAJHAR BTAD ASSAM PIN-783370 5:SRI BIPLAP DEY S/O. P.G DEY VILL.- CHANDMARI TRCH NO.CE/T/186/13 DIST. LOHIMA NAGALAND 6:MD. IRSHAD HUSSAIN S/O. MD. AMIR HUSSAIN VILL. BAXI NAGAR MONGAL KOT P/S AND DIST. BARDHAMAN WEST BENGAL Advocate for the Petitioner : MR. K K BHATTA, Advocate for the Respondent : A G CHOUDHURY, FOR CAVEATOR BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN