Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 21307 (GAU)

GAUTAM HAZARIKA AND ANR. v. M/S ORIENTAL INSURANCE CO. LTD. AND 2 ORS.

I.A.(Civil)/49/2023 · 2025-08-31

Budi Habung

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010254992022 2025:GAU-AS:11664 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/49/2023 GAUTAM HAZARIKA AND ANR. S/O LATE NABIN HAZARIKA, VILL.- GHOGRAPAR, P.O. AND P.S.- GHOGRAPAR, DIST.- NALBARI, ASSAM, PIN- 781369. VERSUS M/S ORIENTAL INSURANCE CO. LTD. AND 2 ORS. REP. BY REGIONAL MANAGER, YREGIONAL OFFICE AT GUWAHATI. ULUBARI, GUWAHATI, G.S. ROAD, DIST.- KAMRUP (M) ASSAM. PIN- 781007. 2:M/S HARNAM MOTORS CO. LTD. PROP- PAWAN KR AGARWALA A.T. ROAD P.S.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. 3:JYOTISH BASUMATARY S/O BULU RAM BASUMATARY VILL.- BAGULAMARY P.S.- DUDHNOI DIST.- GOALPARA ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. K K DUTTA, Advocate for the Respondent : MISS. A BARUAH (R-3), MS A HUSSAIN (r-1),S AHMED (r-1),MS R RABHA(R-3) Linked Case : GAUTAM HAZARIKA AND ANR. VERSUS M/S ORIENTAL INSURANCE CO. LTD. AND 2 ORS. E ------------ Advocate for : MR. K K DUTTA Advocate for : appearing for M/S ORIENTAL INSURANCE CO. LTD. AND 2 ORS. E Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 01.09.2025 Heard Mr. K. K. Dutta, learned counsel for the applicants. Also heard Ms. A. Hussain, learned counsel or the respondent No.1/Insurance Company. This application under Section 173 of the Motor Vehicles Act, 1988, read with Section 5 of the Limitation Act, 1963, has been filed with a prayer for condonation of a delay of 192 days in filing the connected appeal. Mr. Dutta, learned counsel for the applicants, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 4 to 9 of the delay condonation petition. However, Ms. Hussain, learned counsel for respondent No. 1, has raised an objection to the prayer made by the applicants. Upon considering the explanations provided in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the stipulated time. In view of the above, and in the interest of justice, the interlocutory application for condonation of delay is hereby allowed. Accordingly, the delay of 192 days in preferring the connected appeal stands condoned. The Registry is directed to register the connected MAC. Appeal and list the same for admission hearing in its usual course. The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant