Page No.# 1/4 GAHC010317812019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3079/2022 M/S. UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ITS REGIONAL OFFICE AT GS ROAD,DISPUR , GUWAHHATI, REPRESENTED BY THE SENIOR REGIONAL MANAGER, REGIONAL OFFICE, GS ROAD, BHANGAGARH, DISPUR GUWAHHATI 781005 VERSUS SMT.ARCHANA SARMAH AND 7 ORS. W/O LATE SANJIB KUMAR SHARMA @ SANJIB SARMAH, RESIDENT OF PUB BANGALPUKHURI, PO , PS AND DIST JORHAT, ASSAM 2:SRI ROHIT SHARMA S/O LATE SANJIB KUMAR SHARMA @ SANJIB SARMAH RESIDENT OF PUB BANGALPUKHURI PO PS AND DIST JORHAT ASSAM TO BE REPRESENTED BY RES. NO. 1 3:SRI PRATAP BORAH S/O LATE P. BORAH RESIDENT OF RAWRIAH SENSUWA GAON PO BARBHETA PS AND DIST JORHAT ASSAM 4:SRI GOUTOM BOR BORUAH S/O SRI DINESH BOR BORUAH RESIDENT OF MELENG MATELI Page No.# 2/4 LAHDOIGARH PO MELENG PS TEOK DIST JORHAT ASSAM 6:SMTI SUNITA JAIN C/O RAJENDRA JAIN. RESIDENT OF T.K DAS LANE DIST DIBRUGARH ASSAM 7:SRI JITENDRA RAI S/O SRI JIYALAL RAI RESIDENT OF SAIDING BAZAR TINSUKIA ASSAM 8:THE MANAGER NATIIONAL INSURANCE CO. LTD. DIBRUGAR Advocate for the Petitioner : MR V K BAROOAH, MR. K K DEY Advocate for the Respondent : MR. S. PEGU (R-8), MS B SARMA (r-1,2),MR. R S MISHRA (r- 1,2),MR. A K GUPTA (r-1,2),MR G KHANDELIA(R-6),MR R PAUL (R-6),MR. A J SAIKIA (R-8) BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 07.02.2025 Heard Mr. V. K. Barooah, learned counsel for the applicant as well as Mr. A. K. Gupta, learned counsel for the respondents No.1 and 2, Mr. R. Paul, learned counsel for the respondent No.6 and Mr. S. Pegu, learned counsel for the respondent No.8/Insurance Company. The learned counsel for the applicant submits that Newspaper publication Page No.# 3/4 has been done and the affidavit to that effect has been duly enclosed. On perusal of the affidavit, it is seen that newspaper publication was done on respondents No.1, 2 and 7 on 12.12.2023 in the Dainik Assam. Notice is thus deemed to be duly served upon all the respondents. The instant application is for the condonation of a delay of 235 days in filing the appeal against the Judgment & Award dated 18.01.2019 passed by the learned Motor Accident Claims Tribunal, Jorhat in MAC Case No.10/2014. The learned counsel for the applicant submits that the delay of 235 days in filing the instant appeal is not due to negligence or laches on the part of the applicant which is explained in paragraphs No.3 to 6 of the application which is due to the fact that time was taken for obtaining the certified true copy of the impugned Judgment and Order and also in getting the legal advice, whether an appeal should be filed or not which took some time since the opinions of the advocates who are out stationed are also required to be obtained. He further submitted that time was also taken for drafting the appeal memo and for obtaining the opinion of the Regional Office in the matter. The learned counsels for the respondents have made their verbal objections to the condonation of delay. Having heard the submissions made by the learned counsels for both the sides, this Court is satisfied with the explanation given for the condonation of delay on finding that the delay is not due to any negligence and laches on the part of the applicant. Page No.# 4/4 Accordingly, the delay of 235 days in filing the connected appeal against the Judgment and Award dated 18.01.2019 is stands condoned and I.A. (Civil)/3079/2022 is allowed and disposed of. The Registry to give registration number to the connected MAC Appeal and list this matter for admission after 3(three) weeks. JUDGE Comparing Assistant