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2025 DAILYLAW 16730 (GAU)

ORIENTAL INSURANCE COMPANY LIMITED v. NURUL ISLAM AND 2 ORS.

I.A.(Civil)/2639/2025 · 2025-08-12

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/4 GAHC010167052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2639/2025 ORIENTAL INSURANCE COMPANY LIMITED A COMPANY UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI 2, REGIONAL OFFICE AT G.S ROAD, ULUBARI, GUWAHATI 7, REPRESENTED BY ITS REGIONAL MANAGER VERSUS NURUL ISLAM AND 2 ORS. S/O. ROJAB ALI, RESIDENT OF VILLAGE CHALA SHERSOW, PO. BORKOLITA SHERSOW, PS. FAKIRGANJ, DIST. DHUBRI, ASSAM, PIN-783330 2:ASHIYA KHATUN S/O. SIRAJ ALI RESIDENT OF VILLAGE - C/O. BABU KUMAR DAS SARUMOTORIA DILIP HAJARI PATH PO. DISPUR GUWAHATI-6 PS. BHANGAGARH DIST. KAMRUP M ASSAM PIN 781006 3:JOHURUL ISLAM S/O. GOFUR ALI RESIDENT OF VILLAGE FAKIRGANJ P/O. AND P/S. FAKIRGANJ DISTRICT- DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR. R C PAUL, Page No.# 2/4 Advocate for the Respondent : FOR CAVEATOR, MR ADITYA AGARWALA,MR. A R AGARWALA Linked Case : C.APPLN/0/0 ORIENTAL INSURANCE COMPANY LIMITED REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD NEW DELHI 2 REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI 7 REPRESENTED BY ITS REGIONAL MANAGER VERSUS NURUL ISLAM RESIDENT OF VILLAGE CHALA SHERSOW PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 2:MOSSTT ASHIYA KHATUN RESIDENT OF VILLAGE SARUMOTORIA DILIP HAJARI PATH PO DISPUR GUWAHATI 6 PS BHANGAGARH DIST KAMRUP M ASSAM PIN 781006 3:GOFUR ALI RESIDENT OF VILLAGE FAKIRGANJ PO AND PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 ------------ Advocate for : MR RABINDRA CHANDRA PAUL Advocate for : appearing for NURUL ISLAM Linked Case : RP(FAM.CT.)/0/0 ORIENTAL INSURANCE COMPANY LIMITED REGISTERED OFFICE AT ORIENTAL HOUSE Page No.# 3/4 A 25/27 ASAF ALI ROAD NEW DELHI 2 REGIONAL OFFICE AT GS ROAD ULUBARI GUWAHATI 7 REPRESENTED BY ITS REGIONAL MANAGER VERSUS NURUL ISLAM RESIDENT OF VILLAGE CHALA SHERSOW PO BORKOLITA SHERSOW PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 2:MOSSTT ASHIYA KHATUN RESIDENT OF VILLAGE SARUMOTORIA DILIP HAJARI PATH PO DISPUR GUWAHATI 6 PS BHANGAGARH DIST KAMRUP M ASSAM PIN 781006 3:JOHURUL ISLAM RESIDENT OF VILLAGE FAKIRGANJ PO AND PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 ------------ Advocate for : MR RABINDRA CHANDRA PAUL Advocate for : appearing for NURUL ISLAM BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 13.08.2025 1. This application under Section 5 of the Limitation Act, 1963, read with Section 173(1) of the Motor Vehicle Act, 1988 has been filed by the applicant/ Page No.# 4/4 appellant praying for condoning the delay of 64 days in preferring the connected appeal against the impugned judgment and award dated 18.02.2025, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 11 of 2015. 2. Heard Mr. R.C. Paul, learned counsel for the applicant/ appellant and Mr. A.R. Agarwalla, learned counsel for the claimant /respondent No. 1. 3. The learned counsel for the applicant/ appellant has set out the reasons for delay in paragraph Nos. 5, 6, 7, 8, 9 and 10 of the delay petition. However, learned counsel for the claimant/ respondent No. 1 has submitted that he has no objection to condone the delay and the matter may be heard on merits. 4. In view of the above, the delay of 64 days is hereby condoned. The interlocutory application stands allowed. 5. The Registry is directed to register the main appeal and list it for admission in the usual course. 6. The name of Mr. A.R. Agarwalla, learned counsel for the claimant/ respondent No. 1 be reflected in the cause list. 7. The I.A. stands disposed of. JUDGE Comparing Assistant