Krishna Rabha v. National Insurance Company Limited and 2 Ors

ORDER

19.09.2024

¶1Heard Mr. D. Das, learned counsel for the applicant. None has appeared for the respondents, though notices were duly served on them and several opportunities were granted to the respondents to appear in this case. Therefore, this Court intends to proceed with the hearing of this Interlocutory Application. This Interlocutory Application has been filed by the applicant, Krishna Rabha under Section 5 of the Limitation Act, 1963 for condoning the delay of 65 days in filing the connected MAC Appeal, whereby the applicant intends to impugned the judgment and order dated 13.05.2019, passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 07/2017, awarding a compensation amount of Rs. 3,500/- only to the claimant Page No.# 3/3 for injury sustained by him in a motor vehicle accident.

¶2The learned counsel for the applicant has submitted that the applicant was handicapped due to injuries sustained by him in the accident and due to his sickness and as he was suffering from traumatic experiences, he was unable to engage a counsel in due time.

¶3I have considered the submissions made by the learned counsel for the applicant.

¶4It appears that the cause shown in paragraph Nos. 4 and 5 of the application under Section 5 of the Limitation Act filed by the applicant appears to be sufficient cause explaining the delay of 65 days in preferring the connected MAC Appeal. Hence, this Interlocutory Application is hereby allowed and the delay of 65 days in preferring the connected appeal is hereby condoned.

¶5Let the connected MAC Appeal be registered and be listed again for admission after a week, on a date to be fixed by the Registry.

¶6This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010263362022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3844/2022o KRISHNAoRABHAo S/OoBETHENoRABHA,o VILL.-oMAJAIPARA,o P.O.-oDWARKA,o DIST.-oGOALPARA,oASSAM-o783120. VERSUSo NATIONALoINSURANCEoCOMPANYoLIMITEDoANDo2oORS.o REP.oBYoITSoDIVISIONALoMANAGER,oBONGAIGAONoDIVISION,oP.O.-o BAONGAIGAON,oP.S.-oBONGAIGAONoINoTHEoDISTRICToOFoBANFGAIGAON, ASSAM-o783380. 2:MAROMIoTALUKDAR oW/OoABALAoTALUKDAR oR/OoCHHAYGAON oP.O.-oCHHAYGAONoUNDERoCHHAYGAONoP.S.oINoTHEoDIST.oOFoKAMRUP oASSAM-o781124. 3:ANANTAoNATH oS/OoLATEoPRABINoNATH oR/OoBATAKUCHI oP.O.-oCHHAYGAONoUNDERoCHHAYGAONoP.S.oINoTHEoDIST.oOFoKAMRUP oASSAM-o781124o AdvocateoforotheoPetitionerooooo:oMR.oDITULoDAS,oMR.oBoJoTALUKDARo AdvocateoforotheoRespondento:o,oo Page No.# 2/3 In MACApp. Case No. 15265/2019 (Filing Number) KRISHNA RABHA VERSUS NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS ------------ Advocate for : Advocate for : appearing for NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA