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2022 Supreme(Gau) 1492

SANJAY KUMAR MEDHI
Jiaur Rahman – Appellant
Versus
Sofiya Begum – Respondent


Advocates Appeared:
For the Applicant : Mr. S. Hoque.
For the Respondents: Mr. K.K. Bhatta.

JUDGMENT :

1. Heard. Shri S. Hoque, learned counsel for the applicant, who, by means of this application, has prayed for condonation of delay of 497 days in preferring the connected appeal against' a judgment and award dated 31.7.2018 passed in MAC Case No. 16/2015 by which an amount of Rs. 5,70,000 has been granted.

2. By the aforesaid order, the learned Tribunal has directed that though the amount would be paid by the Insurance Company, the same could be recovered from the owner, as there was violation of the policy conditions.

3. Shri Hoque, learned counsel for the applicant submitted that vide an initial order dated 12.5.2016, the matter had proceeded ex parte and that order is also challenged in this appeal. The learned counsel submits that as all along in the Tribunal, he was not aware of the case and long after, he had come to know about the case, the present appeal has been filed in which process, the delay has been caused. He, accordingly submits that a huge liability has been saddled with the applicant and, therefore, he may be given a scope to contest the same on merits.

4. Shri K.K. Bhatta, learned counsel appearing for the Insurance Company, however, submits that the dela

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