Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 20950 (GAU)

ORIENTAL INSURANCE COMPANY LIMITED v. ABDUL HUSSAIN AND 2 ORS.

I.A.(Civil)/223/2024 · 2025-03-02

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010246612023 2025:GAU-AS:2187 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/223/2024 ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A- 25/27, ASAF ALI ROAD, NEW DELHI- 2 WITH ONE ITS REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI- 7 , REP. BY ITS REGIONAL MANAGER. VERSUS ABDUL HUSSAIN AND 2 ORS. S/O LATE HABIBUR RAHMAN, VILL.- KHARCHIMARI, P.O. AND P.S.- PANCHARATNA, DIST.- BONGAIGAON, ASSAM, PIN- 783380. 2:MD. JIYAUL HAQUE S/O ABUL KARI SARKAR VILL.- SWAPATA P.O. AND P.S.- BILASIPARA DIST.- DHUBRI ASSAM PIN- 78334. 3:MD. ABDUR RAHIM S/O MD. ABUL SALAM VILL.- JAWKARA P.O. AND P.S.- PANCHARATNA DIST.- BONGAIGAON ASSAM PIN- 783380 Page No.# 2/3 Advocate for the Petitioner : MR. R C PAUL, Advocate for the Respondent : MR ADITYA AGARWALA, MR. A R AGARWALA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03-03-2025 Heard learned counsel Mr. A.R. Das on behalf of learned counsel Mr. R.C. Paul for the applicant/appellant and learned counsel Mr. A.R. Agarwalla for the respondent No. 1/claimant. 2. The applicant/appellant has filed this application under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 40 (Forty) days in preferring this appeal against the order dated 08.06.2023 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 113/2014 awarding a compensation of Rs.1,18,000/- (Rupees One Lac Eighteen Thousand) to the respondent No. 1/claimant. 3. It is submitted on behalf of the applicant/appellant that the delay is basically due to the formalities that had to be undertaken by the applicant/appellant. There was no willful negligence on the part of the applicant/appellant. 4. Learned counsel for the respondent No. 1/claimant has no objection. 5. It appears that sufficient grounds have also been shown by the applicant, thereby, the delay is condoned. 6. Registry is directed to register the connected appeal as expeditiously as Page No.# 3/3 possible. 7. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant