Nripen Kr. Bhattacharjya v. Smti. Achina Rai and 2 Ors

ORDER

27.06.2024. Heard Shri M. Bhagawati, learned counsel for the applicant. Though the respondent has been served none has appeared. This is an application filed under Section 5 of the Limitation Act, 1963 read with the proviso to Section 173 of the Motor Vehicle Act for condonation of delay of 848 days in preferring the appeal against the judgment and award dated 29.06.2017 passed by the learned Member, MACT, Golaghat, Assam in MAC Case No. 76/2015. By the impugned award, while there is a direction for pay and recovery from the applicant/owner. Shri Bhagawati, the learned counsel has submitted that the appeal could not be preferred within the time prescribed by limitation because of his ailment which included undergoing of an operation in the Vivekananda Kendra NRL Hospital and in the process, there is a delay of 848 days in preferring the appeal. It however transpires that the claim was also not contested by the present applicant. The delay is also of a long period of 848 days. Under those facts and circumstances, this Court is of the opinion that even if a lenient view is taken to condone the delay, some conditions are to be imposed. Page No.# 3/3 Therefore, taking a justice oriented approach as laid down by the Hon'ble Supreme Court, while the delay in preferring the appeal is condoned and the IA is allowed, the same is subject to payment of cost of Rs.2000/- in favour of the Gauhati High Court Bar Welfare Fund. IA stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010273642019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/140/2020o ooooooooooooooMACoAppl.oNo.o16261/2019 NRIPENoKR.oBHATTACHARJYAo SONoOFoK.N.oBHATTACHARJYA,oRESIDENToOFoNRLoTOWNSHIP,oP.O.oNRLo COMPLEX,oP.S.oGOLAGHAT,oDIST.oGOLAGHAT,oASSAM,oPINo785699 VERSUSo SMTI.oACHINAoRAIoANDo2oORSo WIFEoOFoSRIoMAHABIRoRAI,oRESIDENToOFoVILL.oBISHNUPURo ADARSHAGAON,oP.O.oKANAIGHAT,oDIST.oGOLAGHAT,oASSAMo (WIFEoOFoDRIVERoOFoTHEoVEHICLEoNO.oAS-05-A-3640) 2:SRIoMAHABIRoRAI oSONoOFoLATEoPARAMESWARoRAI oRESIDENToOFoVILL.oBISHNUPURoADARSHAGAON oP.O.oKANAIGHAT oDIST.oGOLAGHAT oASSAMo (oDRIVERoOFoTHEoVEHICLEoNO.oAS-05-A-3640) 3:THEoBRANCHoMANAGER oUNITEDoINDIAoINSURANCEoCO oLTD. oGUWAHATIoBRANCH oHOSPITALoROAD oBOKAKHAT,oP.O.oBOKAKHAT oDIST.oGOLAGHAT oASSAMo (INSURERoOFoTHEoVEHICLEoBEARINGoREGD.oNO.oAS-05-A-364o AdvocateoforotheoPetitionerooooo:oMR.oMoBHAGABATIo AdvocateoforotheoRespondento:oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI