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2024 Supreme(Gau) 1026

DEVASHIS BARUAH
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
ARATI RABHA D/O JYOSNA RABHA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.N. Das.
For the Respondent: S. Sahu.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A.N. Das, the learned counsel appearing on behalf of the Petitioner. None has appeared on behalf of the sole Respondent in spite of service of notice.

2. This Court vide an order dated 21.05.2024 taking into account the issue involved had requested Mr. S. Sahu, the learned counsel as to whether he would be inclined to assist this Court more so when the Respondent had not put in her appearance, Mr. S. Sahu, the learned counsel had readily agreed and accordingly, on 21.05.2024, Mr. S. Sahu was duly appointed as the Amicus Curiae in the instant proceedings.

3. In the instant proceedings, the challenge made is to an order dated 21.03.2023 passed in MAC Case No. 339/2021 wherein an application filed by the Petitioner herein who is the Respondent in the said proceedings for rejection of the claim on the ground of unreasonable delay was rejected.

4. For appreciating the dispute involved, it is relevant to take note of that on 17.09.2003, the Respondent herein while travelling from Dudhnoi to Agia as a passenger suffered grievous injuries. Thereupon, on 07.09.2021 i.e. almost after 18 years, the claim petition was filed seeking a compensation of Rs.8,

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