Birjeet Singh v. M/S Oriental Insurance Co Ltd and Anr

PageoNo.#o1/2 GAHC010243662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3269/2023o BIRJEEToSINGHo S/OoSRIoBIJOYoSINGH,o RESIDENToOFoTARUNoNAGAR,oBYEoLANEoNO.o5,oPOoCHRISTIANoBASTI,oPSo BHANGAGARH,oDISToKAMRUPo,oASSAMo781005 VERSUSo M/SoORIENTALoINSURANCEoCOoLTDoANDoANR.o HAVINGoITSoOFFICEoAToGODREJoBUILDING,oULUBARI,oBESIDEoFLYOVER,o GSoROAD,oGUWAHATIo781007,oASSAM 2:SRIoARNABoJYOTIoDEVAoSARMA oS/OoDHANESWARoDEVAoSARMAo RESIDENToOFoWARDoNO.o1 oNEARoHOSPITAL oPOoANDoPSoGAURIPUR oDISToDHUBRI oASSAMo78333o AdvocateoforotheoPetitionerooooo:oMRoNoBARMANo AdvocateoforotheoRespondento:oMRoSISHIRoDUTTAo(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoSANJAYoKUMARoMEDHI ORDERo

24.06.2024 oooooooooo Heard1Ms.1S.B.1Choudhury,1learned1counsel1for1the1applicant,1who1by Page No.# 2/2 means of this application has prayed for condonation of delay of 193 days in preferring the connected appeal against the judgment and order dated

06.01.2023 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) in MAC Case No. 556/2016. The applicant is the claimant, who in the appeal has prayed for enhancement of the Award.

¶2The learned counsel, by referring to the averments made in paragraphs 3 and 4 of the application, has submitted that the delay in preferring the appeal is not intentionally and had occasioned for certain cogent reasons.

¶3Ms. M. Choudhury, learned counsel for the respondent - Insurance Company has however submitted that the delay is substantial of 193 days and has not been properly explained.

¶4This Court on perusal of the averments has noticed that certain reasons have been cited that the advocate concerned had to go for medical treatment outside the State and thereafter, a different advocate had to be engaged.

¶5Considering the above, the delay in preferring the appeal is condoned and the I.A. accordingly stands allowed.

JUDGE Comparing Assistant