NATIONAL INSURANCE CO. LTD. v. BANIKANTA DAS and ANR
MC/1299/2015 · 2026-06-16
Kaushik Goswami
body2015
DailyLaw.ai
[ 2015 DAILYLAW 1590 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2015 DAILYLAW 1590 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010199452015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/1299/2015 NATIONAL INSURANCE CO. LTD.
A CO. REGISTERED AND INCORPATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI ASSAM VERSUS BANIKANTA DAS and ANR S/O LATE BHADRESWAR DAS, VILL and P.S. SORBHOG, DIST BARPETA, PRESENT ADDRESS VILL BHAWANIPUR, P.S. BARPETA, DIST BARPETA, ASSAM 2:KRISHNA KANTA DAS S/O SRI GIRINDRA NATH DAS VILL. KEOTKUCHI P.S. BARPETA DIST BARPETA ASSA Advocate for the Petitioner : MS.S ROY, MR.R C PAUL Advocate for the Respondent : ,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER Date : 17.06.2026 Heard Ms. S. Roy, learned counsel appearing for the applicant. None appears for the respondents on call. It appears that services in respect of the respondents are complete. It appears from the Office note dated 28.05.2015 that service in respect of respondent No. 2 stands completed; however, there is no representation on behalf of the respondent No. 2, when the matter is called. Further, the Office note dated 21.05.2026 similarly records service upon the respondent No. 1 stands completed; however, there is no representation on behalf of the respondent No. 1 either. The application is accordingly taken for final disposal. By way of the present application filed under Section 5 of the Limitation Act, 1963, the applicant seeks condonation of a delay of 22 days in preferring the connected appeal against the judgment and award dated 12.08.2014 passed by the learned Commissioner, Workmen’s Compensation, Barpeta in W.C. Case No. 26/2013. The delay has been explained in paragraphs 2 to 7 of the application. It is stated that upon receipt of the certified copy of the
judgment and award by the Barpeta Road Branch Office on
Page No.# 3/4 13.08.2014, the matter was processed through the different levels of the applicant-insurance company in accordance with its internal administrative hierarchy. Opinions were obtained from the concerned panel advocates, and the file was successively examined at the Divisional Office as well as the Regional Office before a final decision was taken to challenge the award. Thereafter, the matter was entrusted to the conducting counsel for preparation and filing of the appeal. I have heard the learned counsel for the applicant and have perused the materials available on record. From the explanation furnished, it appears that the delay has occurred primarily on account of the time consumed in processing the matter through the various administrative levels of the applicant- company and in obtaining the requisite legal opinions before a decision could be taken to institute the appeal. The explanation offered appears to be bona fide and does not disclose any deliberate inaction or negligence on the part of the applicant. Considering the facts and circumstances of the case, and being satisfied that sufficient cause has been shown for not preferring the appeal within the prescribed period of limitation, this Court is inclined to condone the delay of 22 days. Accordingly, the delay of 22 days in filing the connected appeal stands condoned. The application is, therefore, allowed and disposed of. Registry shall register and number the connected appeal, if
Page No.# 4/4 otherwise in order. JUDGE Comparing Assistant