Gauhati High Court
The National Insurance Co. Ltd vs Smti Suma Paul @ Soma Paul And 9 Ors on 21 October, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010052132015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC 183/2015
1:THE NATIONAL INSURANCE CO. LTD.
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071
VERSUS
1:SMTI SUMA PAUL @ SOMA PAUL and 9 ORS
W/O LT. RASHIK PAUL
2:MASTER SUMAN PAUL
S/O RASHIK PAUL
3:MASTER LOB PAUL
S/O LT. RASHIK PAUL
4:MASTER KUSH PAUL
S/O LT. RASHIK PAUL
5:MASTER RESHAB PAUL
S/O LT. RASHIK PAUL
ALL ARE R/O C/O SRI BHOLA YADAV
BIRBAL BAZAR
MEHERPUR
P.O. and P.S. SILCHAR
DIST. CACHAR
ASSAM.
6:SMTI SARASWATI PAUL
W/O LT. RASHIK PAUL
7:MISS RATNA PAUL
D/O LT. RASHIK PAUL
Page No.# 2/3
8:RAJU PAUL
S/O LT. RASHIK PAUL
9:BISWAJIT PAUL
S/O LT. RASHIK PAUL
ALL ARE R/O KANAKPUR
MAA DURGA LANE
P.O. KANAKPUR
P.S. SILCHAR
DIST. CACHAR
ASSAM.
10:MD. ABDUL MOTIN BORBHUIYA
S/O LATE ABDUL RASHID BORBHUIYA
ITKHOLA
GHANIWALA
P.O. SILCHAR-2
P.S. SILCHAR
DIST. CACHAR
ASSAM
OWNE
Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MS.N MODIR-6, 7 and 9
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 21-10-2019 Heard Ms. C. Mozumdar, learned counsel for the petitioner and Mr. P. Das, learned counsel for respondent No.1.
Seen the office note dated 01.10.2019. As opposite party No.4 is the minor son of opposite party No.1, opposite party No.1 shall appear as natural mother and next friend of opposite parties No.2 to 5.
The learned counsel have entered appearance on behalf of opposite parties No.1, 6, 7 and 9. A/D cards are returned back in respect of respondents No.2, 3, 5, 8 and 10.
Hence, case is ready as regards service.
Page No.# 3/3 This is an application under Section 5 of the Limitation Act read with Section 173 of the Motor Vehicles Act, by which the petitioner has prayed for condoning the delay of 36 days beyond the period of limitation in filing the connected MAC Appeal.
Although, the counsel appearing for the respondents have opposed this application but, considering the explanation given in the application that some time was consumed in obtaining legal opinion and taking the decision to filing the appeal, this Court is inclined to accept the same as good and sufficient cause which has prevented the petitioner from filing the connected appeal on time. Accordingly, delay is hereby condoned.
This application stands allowed.
Registry shall now register the connected appeal and list the same in Admission column.
The Registry shall also reflect the names of counsel appeared for the opposite parties herein as counsel for the respondents in the connected appeal.
JUDGE Comparing Assistant