NATIONAL INSURANCE COMPANY LIMITED vs MST. TOHIRON BIBI AND 6 ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GAHC010080202018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1378/2018 NATIONAL INSURANCE COMPANY LIMITED (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
REGISTERED HEAD OFFICE AT 3 ,MIDDLETON STREET, CALCUTTA -700071 REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI REGIONAL OFFICE , BHANGAGARH, GUWAHATI -781005.
VERSUS MST. TOHIRON BIBI AND 6 ORS W/O SAMSUL HOQUE 2:MD SAMSUL HOQUE BOTH ARE RESIDENT OF VILLAGE GOKULPUR (NAKKATI) P.O. PIAZBARI P.S. SUKCHAR DIST. DHUBRI ASSAM PIN 783128 3:SRI GOPAL SAHA S/O SRI DAM SAHA R/O VILLAGE BISHNUNAGAR 2 NO COLONY P.O.P.S. AND DIST.
GOALPARA ASSAM PIN 783101 (OWNER)
4:MD NURUL ALI S/O NUR ALI R/O VILLAGE BAGHMARA P.O. KUCHNIMARA P.S.
MANKACHAR DIST. DHUBRI ASSAM PIN 783131 (DRIVER)
5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO .LTD GAUHARI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI KAMRUP(M)
ASSAM PIN -781005
6:NISHER AHMED S/O ROFIQUE VILLAGE BILOSPUR.
MOHOJJOLA NAGAR KAMMRE P.O. AND P.S. KAMRE UTTAR PRADESH INDIA PIN 244921 7:ABDUL WAHID S/O ABDUL WAHID VILLAGE- DARJEECHOWK P.O.AND P.S. SISGAR DIST. BORELI UTTER PRADESH INDIA PIN -24300 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR. R ALI Linked Case : MACApp./311/2018 NATIONAL INSURANCE COMPANY LIMITED (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA -700071 REPRESENTED BY THE ASSISTANT MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI -781005.
VERSUS MST TOHIRON BIBI AND 6 ORS W/O SAMSUL HOQUE 2:MD SAMSUL HOQUE BOTH ARE RESIDENT OF VILLAGE GOKULPUR (NAKKATI)
P.O. PIAZBARI P.S. SUKCHAR DIST. DHUBRI ASSAM PIN 783128
3:SRI GOPAL SAHA S/O SRI DAM SAHA R/O VILLAGE BISHNUNAGAR
2 NO COLONY P.O.P.S. AND DIST. GOALPARA ASSAM PIN 783101 (OWNER)
4:MD NURUL ALI S/O NUR ALI R/O VILLAGE BAGHMARA P.O. KUCHNIMARA P.S. MANKACHAR DIST. DHUBRI ASSAM PIN 783131 (DRIVER)
5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD GAUHARI REGIONAL OFFICE G.S. ROAD CHRISTIANBASTI GUWAHATI KAMRUP(M)
ASSAM PIN -781005
6:NISHER AHMED S/O ROFIQUE VILLAGE BILOSPUR.
MOHOJJOLA NAGAR KAMMRE P.O. AND P.S. KAMRE UTTAR PRADESH INDIA PIN 244921 7:ABDUL RASHID S/O ABDUL WAHID VILLAGE- DARJEECHOWK P.O.AND P.S. SISGAR DIST. BORELI UTTER PRADESH INDIA PIN -243003 ------------
Advocate for : MS. R D MOZUMDAR Advocate for : MR. R ALI appearing for MST TOHIRON BIBI AND 6 ORS BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

Advocates:
['R D MOZUMDAR', '', 'C MOZUMDAR', 'S P SHARMA', 'R ALI', '', 'M SHAH', 'P RAHMAN', 'M SHAHMR P RAHMAN']

ORDER

Date : 25-01-2021 Heard Ms. C. Mazumdar, learned counsel for the applicant. None appears for the respondent nos. 1 & 2, though, the name of Mr. R. Ali, learned counsel and his associate advocates has been shown in the cause list.

Office note dated 07.03.2019 indicates that respondent no. 3 & 5 had been duly served.

Ms. C. Mazumdar, learned counsel for the applicant prays for striking off the name of respondent nos. 4, 6 & 7 from the array of the respondents on the ground that the connected MAC Appeal is in respect of the quantum of the compensation awarded by learned Tribunal and the respondent nos. 4, 6 & 7 being the driver and the owner of the offending vehicles would not be necessary party in this case.

As prayed for, let the name of respondent nos. 4, 6 & 7 be struck off from the array of respondents at the risk of the applicant/appellant. Registry shall make necessary correction thereof.

This is an application under second proviso to Section 173 of Motor Vehicle Act read with Section 5 of the Indian Limitation Act, 1963, praying for condonation of the delay of 296 days in preferring the connected MAC Appeal No. 311/2018, which is directed against the judgment and award dated 01.03.2017 passed by learned Member Motor Accident Claims Tribunal No. 1 Kamrup, Guwahati in MAC Case No. 192/2012.

The reason for delay of 296 days in preferring the connected MAC Appeal is stated to be on account of different legal opinion rendered by different sets of lawyers to the Insurance Company which resulted in delay in processing the file to enable the applicants to prefer the connected MAC Appeal.

The explanation to that effect has been stand given in paragraphs 3 to 9 of the accompanying application.

Upon hearing the learned counsel for the applicant and on perusal of the explanation provided in the accompanying application, I am satisfied that the delay of 296 days in preferring the connected MAC Appeal was not due to the negligence on the part of the applicant. Accordingly, I am of the considered view that the applicant was prevented by a sufficient cause in not preferring the connected MAC Appeal within the stipulated time and accordingly delay of 296 days in preferring connected MAC Appeal is hereby condoned.

I.A. stands disposed.

JUDGE Comparing Assistant

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