New India Assurance Company Limited v. Mira Kachari and 3 Ors

ORDER Date : 19-02-2024 Heard Ms. R.D. Mozumdar, learned counsel for the applicant. Also heard Mr. M. Dutta, learned counsel for the respondent No. 1 and Ms. F.N. Zaman, learned counsel for the respondent No. 4. No one has appeared on behalf respondent No. 2 although service of notice has been received by him personally as reflected in the office note dated 02.02.2024. This is an application under Section 173 of the M.V. Act read with Section 5 of the Indian Limitation Act, 1963 praying for condonation of delay of 143 days in filing the connected appeal against the Judgment passed on 08.08,.2022 by learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 100/2017. The reason for delay in filing the connected appeal has been explained in paragraph 3,4,5,6 & 7 of the application. On perusal of the reason cited above, I am fully satisfied that the reason for delay in filing the appeal has been properly explained. Moreover, the learned counsel for the respondent Nos. 1 and 4 has no objection if the delay of 143 days in filing the appeal is condoned. In view of above, this I.A.(C) is allowed and the delay of 143 days in filing the appeal is condoned. Accordingly, the I.A.(C) is allowed and disposed of. Registry is directed to register the connected MAC Appeal and list accordingly showing the name of Mr. M. Dutta, as counsel for the respondent No. 1 and Ms. F.N. Zaman, as counsel for the respondent No. 4 in the cause list. The learned counsel for the applicant shall furnish requisite extra copies to the learned counsel for the Page No.# 3/3 respondent within one week from today. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010191082023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2588/2023o NEWoINDIAoASSURANCEoCOMPANYoLIMITEDo (AoCENTRALoGOVT.oUNDERTAKING)oHAVINGoITSoREGIONALoOFFICEoATo GUWAHATI,oSTARCITYoCOMPLEX,oG.oS.oROAD,oLACHITNAGAR,o GUWAHATI-o781007oREPRESENTEDoBYoTHEoMANAGER,oGAUHATIo REGIONALoOFFICE,oLACHITNAGAR,oGUWAHATI-o781007. VERSUSo MIRAoKACHARIoANDo3oORS.o W/OoDIPAKoKACHARI,o VILL.-oROWDUARoPOTHARoGAON,o P.O.-oNUMALIGARH,oP.S.-oBOKAKHAT,oDIST.-oGOLAGHAT,oASSAM,oPIN-o 785615.o (REP.oBYoHERoHUSBANDoDIPAKoKACHARI). 2:RAJAoKALITA oS/OoRAMENoKALITA o VILL.-oHALMIRAoDHANIRIPARoGAON o P.O.oANDoP.S.-oGOLAGHAT oDIST.-oGOLAGHAT oASSAM oPIN-o785702. 3:SURENDRAoKAMP oS/OoANILoKAMP o R/OoBOKAKHAToTOWN o P.O.oANDoP.S.-oBOKAKHAT oDIST.-oGOLAGHAT Page No.# 2/3 ASSAM PIN- 785612. 4:THE MANAGER UNITED INDIA INSURANCE CO. LTD. GOLAGHAT BRANCH THANA CHARIALI DIST.- GOLAGHAT ASSAM PIN- 785621 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR. M DUTTA (r-1) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG