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2023 DAILYLAW 1852 (GAU)

MUNMUN SARKAR @ MOONMOON BHOWMIK AND 2 ORS. v. ORIENTAL INSURANCE COMPANY LTD. AND ANR.

I.A.(Civil)/3146/2023 · 2026-08-18

Mridul Kumar Kalita

Public Interest Litigationbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010230042023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3146/2023 MUNMUN SARKAR @ MOONMOON BHOWMIK AND 2 ORS. W/O LATE KHETRA MAHAN @ KHETRA MOHAN @ KSHETRA MOHAN SARKAR, VILL.- HAYONG GAON, P.S. AND DIST.- HOJAI- 782435 (ASSAM). 2: SABITA SARKAR W/O LATE KHITISH SARKAR VILL.- HAYONG GAON P.S. AND DIST.- HOJAI- 782435 (ASSAM). 3: NABANITA SARKAR D/O LATE KHETRA MAHAN @ KHETRA MOHAN @ KSHETRA MOHAN SARKAR VILL.- HAYONG GAON P.S. AND DIST.- HOJAI- 782435 (ASSAM). (BEING MINOR REP. BY APPELLANT NO. 1 MOTHER) VERSUS ORIENTAL INSURANCE COMPANY LTD. AND ANR. REP. BY ITS REGIONAL MANAGER G.S. ROAD, ULUBARI P.O.- GUWAHATI- 78107, DIST.- KAMRUP (M) (ASSAM). 2:SANJIB MAJUMDER S/O PRANESH MAJUMDER VILL.- ERAKPILI P.S.- JAMUNAMUKH- 782428 DIST.- HOJAI (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, MD. K ALI,MS. R LAILA Page No.# 2/3 Advocate for the Respondent : MR. R C PAUL (r-1), BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.08.2026 1. Heard Mr. A. Agarwala, learned counsel for the applicant. Also heard Mr. R. C. Paul, learned counsel for the opposite party No. 1. 2. This interlocutory application has been filed by the applicants under Section 5 of the Limitation Act, 1963 praying for condonation of the delay of 230 days in filing the connected MAC appeal, wherein the judgment and order dated 19.11.2022, passed by the Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 1843/2020 has been impugned. 3. The learned counsel for the applicant has submitted that the reasons for delay in filing the connected appeal has been stated in paragraph Nos. 3, 4 and 5 of this interlocutory application. 4. The learned counsel for opposite party No. 1 has not objected to the prayer for condonation of delay. 5. I have considered the submissions made by learned counsel for both sides and have gone through the reasons stated in the instant interlocutory application. 6. After going through the grounds stated in the instant interlocutory application, this Court is of considered opinion that the reasons shown by the applicants may be regarded as sufficient reasons which prevented the applicants Page No.# 3/3 in preferring the connected appeal within the prescribed period of limitation. 7. As such, the delay of 230 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 8. The Registry is directed to register the connected MAC appeal and list the same for admission after a week on a date to be fixed by it. JUDGE Comparing Assistant