Page No.# 1/3 GAHC010219642022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3237/2022 DIPA BORA W/O LATE JATIN BORA, RESIDENT OF VILLAGE PATHALIPAM, PS BOGINODI, DIST LAKHIMPUR, ASSAM VERSUS ORIENTAL INSURANCE COM. LTD. REPRESENTED BY REGIONAL MANAGER ULUBARI, GUWAHATI 05, ASSAM Advocate for the Petitioner : B R DAS, MS M BHARATI Advocate for the Respondent : MR SISHIR DUTTA, MS S MOCHAHARI,MR. S DUTTA Linked Case : MACApp. No. 12932/2022 (Filing Number) DIPA BORA VERSUS ORIENTAL INSURANCE COM. LTD. E Page No.# 2/3 ------------ Advocate for : B R DAS Advocate for : appearing for ORIENTAL INSURANCE COM. LTD. E BEFORE HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 07/08/2026 The instant application under Section 5 of the Limitation Act, has been filed by the applicant/appellant, praying for condonation of delay of 3034 days, in filing the MAC Appeal under Section 173 of the M.V. Act against the impugned judgment & award dated 20.07.2012, passed by the learned Member, MACT, Lakhimpur, Assam in MACT Case. No. 94/2009, whereby, the respondents were directed to make a payment of Rs.4,39,000/- with interest of 6% from the date of the order till payment. 2. Heard Mr. B R Das, learned counsel for the applicant and Mr. S Dutta, learned counsel for the opposite party/Oriental Insurance Company. 3. The applicant, herein, has set out the grounds for the delay at paragraph Nos. 1, 5 to 17. On 26.06.2026, this Court allowed the applicant to provide type copies of the eligible Medical Certificates, enclosed along with the application and also to file an additional affidavit, if so advised. 4. The learned counsel has subsequently filed an additional affidavit, enclosing the legible copies of the Medical Certificate and also some new grounds for the delay. Page No.# 3/3 5. The learned counsel, Mr. Dutta, appearing for the opposite party/Insurance Company has objected to the instant application on the ground that the delay has not been explained satisfactorily and he prays that he may be allowed to file an objection. 6. Upon examining the application as well as the additional affidavit, this Court is of the view that there are certain discrepancies, as far as, the dates are concerned and the delay is amounts to 3034 days, which is quite substantial. However, considering the fact that an application under Section 166 of the M.V. Act is beneficial in nature, this Court is inclined to allow the instant application and to condone the delay of 3034 days. However, subject to the condition that the interest awarded by the Tribunal, shall not carry interest during the period of delay of 3034 days. 7. With the above observations, the application is allowed and the delay is condoned. 8. Registry shall register the appeal and list the same for admission on 24.08.2026. JUDGE Comparing Assistant