Rupali Chutia Phukan and 3 Ors v. Icici Lombard General Insurance Co. Ltd and 3 Ors

ORDER Date : 27.05.2024 Heard Mr. A.R. Agarwal, learned counsel for the applicant/ appellant along with Ms. P. Borthakur, learned counsel for the respondent no. 1. As per Lawazima Court's order dated 05.03.2024 notices upon respondent Nos. 2 & 3 are deemed to be complete. This is an application under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 196 days in preferring the appeal against the impugned judgment and order passed on 22.02.2023 by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC case No. 2315/2019. The learned counsel for the respondent no. 1 has submitted that they will not file written Page No.# 3/3 objection against the application for condonation of delay of 196 days in preferring the appeal. The learned counsel for the applicant submits that the main reasons for the delay in filing the appeal against the impugned order dated 22.02.2023 has been explained in paragraph 3 of the application. It is stated that the appellant applied for certified copy of the order dated 22.02.2023 on 23.02.2023 and time was taken to obtain the copy of the evidence and delay was also due to the Bihu Holidays. The learned counsel for the applicant also stated in paragraph 5 of the application that the petitioner is a illiterate/ rustic villager and she knows nothing about the legal aspects of the time period of appeal and also for her financial constraint she could not contact her counsel in time. It is also stated that the delay was not intentional on the part of the applicant. On considering the submissions made and on perusal of paragraph 3 and 5 of the application, this Court finds that the delay of 196 days has been satisfactorily explained in paragraphs 3 and 5 of the petition. It is also seen that there is no objection on the part of the learned counsel for the respondent. Hence, the delay of 196 days is condoned and the Misc. Case is disposed of. Office to register the appeal and be listed for admission. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010276632023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3689/2023o RUPALIoCHUTIAoPHUKANoANDo3oORS.o W/OoLATEoMAJORo@oDIPAKoPHUKAN,o VILL.-oRANGPURIA,o P.S.oANDoDIST.-oLAKHIMPUR-o787052. 2:oARNABoPHUKAN oS/OoLATEoMAJORo@oDIPAKoPHUKAN o VILL.-oRANGPURIA o P.S.oANDoDIST.-oLAKHIMPUR-o787052.o (BEINGoMINOR oREP.oBYoHISoMOTHERoAPPELLANToNO.o1). 3:oPRAMILAoPHUKAN oW/OoMIAHoPHUKAN o VILL.-oRANGPURIA o P.S.oANDoDIST.-oLAKHIMPUR-o787052. 4:oMIAHoPHUKAN oS/OoLATEoNABINoPHUKAN o VILL.-oRANGPURIA o P.S.oANDoDIST.-oLAKHIMPUR-o787052o VERSUSo ICICIoLOMBARDoGENERALoINSURANCEoCO.oLTDoANDo3oORS.o MADHABoTOWERo3RDoFLOOR,oRUKMINIGAONoG.S.oROAD,oP.O.-o GUWAHATI-o781022,oDIST.-oKAMRUPo(M)o(ASSAM). Page No.# 2/3 2:MD. ASHIS @ ASISH AHMED S/O LATE MAHAMMAD ALI VILL. AND P.O.- NO. 1 RANGAJAN P.O. AND DIST.- NORTH LAKHIMPUR. 3:ANOWARA @ ANOWARA HUSSAIN S/O ABDUL RAHMAN VILL.- NALAKATA BOWALGURI P.O.- BOGOLOAJAN- 787001 DIST.- NORTH LAKHIMPUR (ASSAM). 4:ICICI LOMBARD GENERAL INSURANCE CO. LTD MADHAB TOWER RUKMINIGAON G.S. ROAD G.S. ROAD GUWAHATI- 781022 (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA Advocate for the Respondent : MS. P BORTHAKUR (R-1) BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG