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2024 DAILYLAW 2352 (GAU)

ORIENTAL INSURANCE CO. LTD. v. SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS

I.A.(Civil)/4007/2024 · 2026-08-16

Mridul Kumar Kalita

body2024

Judgment text

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Page No.# 1/5 GAHC010240402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS Linked Case : I.A.(Civil)/4007/2024 ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER. VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS D/O. LATEPAPA BHATTACHARJEE 2:SANGINI BHARDWAJ BOTH ARE D/O. LATEPAPA BHATTACHARJEE AND LATE BARNAIL Page No.# 2/5 BHATTACHARJEE R/O. QTR. NO. 532/B IOCL BONGAIGAON REFINERY TOWNSHIP P/O. AND P/S. DHALIGAON CHIRANG B.T.A.D ASSAM PIN-783385 P/A. MITA BHAWAN NETAJI NAGAR BABUPARA P/O. AND P/S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-783380. 3:THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. PAN BAZAR GHY-01 REP. BY THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISION DIST. BONGAIGAON ASSAM. 4:PRANJAL OJHA S/O. MR. JATINDRA NATH OJAH R/O. H/NO.-3 LICHUBARI PATH SIX MILE KHANAPARA GUWAHATI DIST. KAMRUP(M) ASSAM PIN-781022. 5:AMIT KALITA S/O. BADAN KALITA R/O. VILL. PATHALIKUCHI P/O. DWARKUCHI P/S. TAMULPUR DIST. BAKSA ASSAM PIN-781367. ------------ Advocate for : MS. M CHOUDHURY Advocate for : MR. S CHAUHAN (R4 Page No.# 3/5 R5) appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.08.2026 Heard Ms. Ms. M. Choudhury, the learned counsel for the applicant. Also heard Ms. C. Barman, the learned counsel for the respondent Nos. 1 and 2/opposite party Nos. 1 and 2/claimant as well as Mr. T. Kalita, the learned counsel for the opposite party No. 3 namely National Insurance Company Ltd. 2. This interlocutory application under Section 5 of the Limitation Act has been filed by the applicant i.e., National Insurance Company Ltd. praying for condonation of delay of 66 days in preferring the connected MAC appeal whereby the judgment and award dated 05.07.2024, passed by the learned Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 88/2016, has been Page No.# 4/5 impugned. 3. The learned counsel for the opposite parties have not opposed the prayer for condonation of delay. 4. The learned counsel for the applicant has submitted that the reason for delay in preferring the connected appeal beyond the prescribed period of limitation has been explained in paragraph-5 of the instant interlocutory application. 5. After considering the submissions made by the learned counsel for both the parties and after going through the grounds stated in paragraph-5 of the instant interlocutory application, this Court is of the considered opinion that the grounds so stated by the applicant may be regarded as sufficient cause which has prevented the applicant Insurance Company in preferring the instant interlocutory application within the prescribed period of limitation. As such, the delay of 66 days in preferring the connected MAC appeal is hereby condoned and this interlocutory application is allowed. 6. 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. 8. List accordingly. 9. The Registry shall also reflect the name of Ms. C. Barman as engaged counsel for respondent Nos. 1 and 2/claimant as well as Mr. T. Kalita as engaged counsel for respondent No. 3/National Insurance Company Ltd. in the cause-list henceforth. JUDGE Page No.# 5/5 Comparing Assistant