Page No.# 1/4 GAHC010074052021 2025:GAU-AS:2974 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./31/2020 SRI MITHUN BARUAH S/O SRI RABIN BARUAH VILL. LANKESWAR P.S. JALUKBARI DIST. KAMRUP ASSAM PIN 781014 VERSUS SRI JAYANTA BARUAH and 2 ORS S/O SRI RABIN BARUAH VILL. LANKESWAR P.S. JALUKBARI DIST. KAMRUP ASSAM PIN 781014 OWNER OF THE VEHICLE NO. AS-AG-4768 BAJAJ CD 2:KAMAL KR. DAS S/O LATE DULAL DAS VILL. LANKESWAR P.S. JALUKBARI DIST. KAMRUP ASSAM PIN 781014 3:NEW INDIA INSURANCE CO. LTD. REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE ABC G.S. ROAD GUWAHATI-5 DIST. KAMRUP M Page No.# 2/4 ASSAM. ------------ For the Appellant(s) : Mr. J. Mollah, Advocate For the Respondent(s) : Mr. R.K. Bhatra, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.03.2025 Heard Mr. J. Mollah, the learned counsel appearing on behalf of the appellant. Mr. R.K. Bhatra, the learned counsel appears on behalf of the respondent No. 3. 2. The respondent Nos. 1 and 2, however, have not appeared. Taking into account that the order which this Court proposes to pass in the instant proceedings, the presence of the respondent Nos. 1 and 2 can be dispensed with. 3. The appellant herein has challenged the order dated 04.06.2016 by which MAC Case No. 2341/2014 filed before the Court of the learned Additional District and Sessions Judge No. 2, Kamrup(M) at Guwahati (hereinafter referred to as, “the learned Tribunal”) was dismissed on the ground that the appellant has failed to adduce evidence in spite of various opportunities being granted. 4. Mr. J. Mollah, the learned counsel appearing on behalf of the appellant submitted that the appellant is ready to pay such cost as this Court may impose as well as also has given an undertaking that the appellant would not take any adjournment in the said proceedings except Page No.# 3/4 for reasons beyond the control of the appellant. He further had given an undertaking on behalf of the appellant that on the next date so fixed, the appellant without fail shall file the examination-in-chief of the witnesses. 5. Mr. R.K. Bhatra, the learned counsel appearing on behalf of the respondent No. 3 submitted that the accident occurred in the year 2014 and immediately thereupon, the claim proceeding was filed. He submitted that if the claim proceeding is revived by this Court, it would cause great prejudice to the Respondent Insurance Company. He submitted that in the circumstances if any amount is imposed upon the Respondent Insurance Company, and interest accrued from the date of filing of the claim proceedings, it would amount to imposing a penalty upon the Respondent Insurance Company for no fault of them. He therefore submitted that the appellant herein should not be given any entitlement on account of interest w.e.f. 05.06.2016 till the next date so fixed by this Court before the learned Tribunal, if in the circumstance this Court is inclined to allow the instant appeal. 6. This Court, having taken into account the materials on record and more specifically, the undertaking being given by the appellant through its counsel, is inclined to interfere with the order dated 04.06.2016 but subject to certain conditions. 7. Accordingly, the instant appeal stands allowed with the following observations and directions: (i) The order dated 04.06.2016 by which MAC Case No. 2341/2014 was dismissed is interfered with and MAC Case No. 2341/2014 is restored back to the file of the Court of the learned Tribunal. Page No.# 4/4 (ii) This Court imposes a cost of Rs. 10,000/- upon the appellant which has to be deposited on the next date so fixed by this Court for appearance of the parties before the learned Tribunal. The deposit of the said cost of Rs. 10,000/- shall be a condition precedent for the purpose of giving effect to the instant order of restoration of the claim proceedings. (iii) Taking into account that it is on account of the fault of the appellant that the claim proceeding have been delayed the appellant/claimant would not be entitled to interest for the period from 05.06.2016 till the next date so fixed herein after for appearance of the parties before the learned Tribunal. (iv) Taking into account the above observations, this Court fixes the matter before the learned Tribunal i.e. the learned Court of the Additional District and Sessions Judge No. 2, Kamrup(M) at Guwahati on 14.05.2025. On the said date, the appellant is directed to file the examination-in-chief by way of affidavit of all the claimant witnesses. 8. With the above observations and directions, the instant appeal stands disposed of. JUDGE Comparing Assistant