UNITED INDIA INSURANCE CO. LTD v. GAUTAM MUNDA AND 3 ORS
I.A.(Civil)/1008/2024 · 2025-10-30
Budi Habung
Transfer Petitionbody2025
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[ 2025 DAILYLAW 24507 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 24507 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1008/2024 UNITED INDIA INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI, TAMIL NADU AND ONE OF THE REGIONAL OFFICE AT CHRISTIAN BASTI, GS ROAD, GUWAHATI 07, AND ON ITS BRANCH OFICE AT TEZPUR VERSUS GAUTAM MUNDA AND 3 ORS S/O LATE SUBAS MUNDA, RESIDENT OF AKABASTI MIRI, PS CHARIDUAR, PO SILONI, DIST SONITPUR,ASSAM 784101 2:MISS JARINA MUNDA D/O LATE SUBAS MUNDA
RESIDENT OF AKABASTI MIRI PS CHARIDUAR PO SILONI DIST SONITPUR ASSAM 784101 3:LAXMI MUNDA S/O LATE SUBAS MUNDA
RESIDENT OF AKABASTI MIRI PS CHARIDUAR PO SILONI DIST SONITPUR ASSAM 784101 4:MD. ALI HUSSAIN S/O MANCHUR ALI
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RESIDENT OF SONAPUR BLOCK PS AND PO BIHUPURIA DIST NORTH LAKHIMPUR ASSA Advocate for the Petitioner : MR. R K BHATRA, MS P HUJURI,MR. A SAIKIA,N DHAR Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER 31.10.2025
Heard Ms. A. Biyani, learned counsel for the applicant.
2. This application under the Second Proviso to Section 173 (1) of M. V. Act, read with Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 95 days in preferring the connected appeal against the
judgment and award dated 28.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 32/2019.
3. Ms. Biyani, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 3 to 7 of the delay condonation petition.
4. 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. The respondents, despite having receipt of the notice, have not appeared today. Therefore, it is presumed that they have no objection to the condonation of delay.
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5. 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 95 days in preferring the connected appeal stands condoned.
6. The Registry is directed to register the connected Appeal and list the same for admission hearing in its usual course.
7. The Interlocutory Application stands disposed of in terms above.
JUDGE Comparing Assistant