Page No.# 1/3 GAHC010155192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3885/2024 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-781007. VERSUS PUNAKANTA MORAN AND 2 ORS S/O. BHOGESWAR MORAN 2:VANITA MORAN W/O. PUNAKANTA MORAN BOTH ARE R/O. NO.2 NALONI GAON P/O. AND P/S. PENGERI DIST. TINSUKIA ASSAM PIN-786174 3:BIPUL CHETIA S/O. MANIK CHETIA R/O. NO. 2 NALONI DUARMARA P/O. AND P/S. PENGERI DIST. TINSUKIA ASSAM PIN-786174 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. R D MOZUMDAR,MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR. A HASAN, MR. I K BURAGOHAIN(R-1),MR. N HASAN,MR. A HASAN(R-1),MR. I K BURAGOHAIN,MR. N HASAN(R-1) Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 26.06.2025 Heard Ms. R.D. Mozumdar, learned counsel for the applicant and also heard Mr. A. Hasan, learned counsel for the respondent No.1 and 2. This application under Section 173 of the Motor Vehicles Act read with Section 5 of the Limitation Act, 1963, is preferred by the applicant for condonation of delay of 58 days in preferring the connected MAC appeal against the judgment and award dated 02.03.2024 passed by the learned Additional Member-2, Motor Accident Claims Tribunal (MACT), Tinsukia, in MAC Case No.47/2021. Ms. Mozumdar, learned counsel for the applicant submits that an investigator was appointed to investigate regarding the criminal case filed against the driver, being PRC Case No.519/2022 and also on account of obtaining approval from the Regional Office. The appeal could not be filed in time and the delay is not intentional, rather it is circumstantial and the appeal has to be admitted and to be heard on merit and accordingly, Ms. Mozumdar contended to allow the petition. On the other hand, Mr. Hasan, learned counsel for the respondents submits that he has no objection in the event of condoning the delay. Taking note of the submission of learned counsel for both the parties and also considering the explanation so forthcoming for the delay of 58 days, this Court is of the view that the delay is sufficiently explained and accordingly, the same stands condoned. In terms of above, the I.A. stands disposed of. Registry is to register and number the appeal and list the matter before the Court Page No.# 3/3 after reopening of the vacation. Comparing Assistant Sd/- Robin Phukan JUDGE