Suren Bhuyan v. United India Insurance Com.Ltd and 4 Ors

ORDER Date : 12.06.2024

Heard Ms. M. Bharati, learned counsel appearing for the applicant, Ms. S. Dev, learned counsel appearing for the respondent No.1 and Mr. R. Goswami, learned counsel appearing for the respondent No. 2. Page No.# 3/3

¶2On 13.09.2015, Lt. Ranjan Bhumij lost his life in a motor accident that took place near the town of Tezpur. Thereafter, his wife and other legal heirs filed a Claim Petition before the Tribunal at Guwahati seeking compensation. At one stage, the claimant approached the Tribunal and informed it that he wanted to file the Claim Petition at Tezpur. The claimant requested the Tribunal to give liberty.

¶3The Tribunal passed the impugned order disposing of the case on account of withdrawal, but no specific liberty was granted.

¶4For the aforesaid reasons, the Tribunal at Tezpur refused to register the Claim Petition. Therefore, after 120 days of delay in preferring the connected appeal, the present application has been filed praying for condonation of delay.

¶5Ms. Dev has submitted that the delay has not been properly explained.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7I have found that the delay has been properly explained.

¶8Accordingly, the delay stands condoned.

¶9So far as the appeal is concerned, the Tribunal at Tezpur is directed to register the Claim Petition of the claimant and thereafter the Tribunal shall proceed to dispose of the Claim Petition in accordance with the procedures as laid down by law. The IA stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203552022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3091/2022o SURENoBHUYANo S/OoLT.oSUKRAMoBHUYAN,o R/OoTINIKHURIAoT.E,o P.S.-oTEZPUR,o DIST.-oSUNITPUR,oASSAM. VERSUSo UNITEDoINDIAoINSURANCEoCOM.LTDoANDo4oORSo.o REP.oBYoREGIONALoMANAGER,oGSoROAD,oGUAHATI,oKAMRUP,oASSAM. 2:THEoSRIRAMoGEN.oINSURANCEoCOMoLTD. oGUAHATI oULUBARIoOPP.oPRIYAoPALACEoHOTEL oULUBARI oGHY-o05. 3:GENERALoMANAGERoOFoTINIKHURIAoT.E oP.O.-oDHEKIAJULI o P.S.-oTEZPUR o DIST.-oSUNITPURoASSAM. 4:MD.oNIJAMUDDIN oC/OoKASIMoALI o VILL.-oGHOGRA o P.O.-oDHEKIAJULI o DIST.-oSUNITPUR Page No.# 2/3 ASSAM. 5:MD. ABU KALAM S/O RANJAN ALI VILL.- BHATPARA P.O.- DHEKIAJULI DIST.- SUNITPUR ASSAM Advocate for the Petitioner : B R DAS Advocate for the Respondent : MR. R GOSWAMI (r-2) Linked Case : MAC App. 12097/2022 (Filing Number) SUREN BHUYAN VERSUS UNITED INDIA INSURANCE COM.LTD AND 4 ORS . E ------------ Advocate for : B R DAS Advocate for : appearing for UNITED INDIA INSURANCE COM.LTD AND 4 ORS . E BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA