ORIENTAL INSURANCE CO. LTD. v. MONUJ KR. DOLEY @ MONUJ DOLEY AND 2 ORS
I.A.(Civil)/1437/2025 · 2025-12-07
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25530 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25530 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010088732025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1437/2025 ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, NEW DELHI, REGIONAL OFFICE AT GUWAHATI-7, REP. BY THE REGIONAL MANAGER VERSUS MONUJ KR. DOLEY @ MONUJ DOLEY AND 2 ORS S/O. LT. MITANANDA DOLEY, RESIDENT OF PITYANG CHAPORI, PO KULAJAN, PS SILAPATHAR, DISTRICT DHEMAJI, ASSAM-787059 2:RAJU CHUTIYA S/O. SRI. RAJIB CHUTIYA VILLAGE PUKIA BARNAMGHAR PS SILAPATHAR DISTRICT DHEMAJI ASSAM-787059. 3:TRAILUKYA CHUTIYA S/O. CHANDRA KT. CHUTIYA VILLAGE CHAWKAMTING PS SILAPATHAR DISTRICT DHEMAJI ASSAM-787110 Advocate for the Petitioner : MS. M CHOUDHURY, MR S DUTTA,S K BEGUM Advocate for the Respondent : MR. R BORUAH (R-1), MR R BORAH(R-1)
Page No.# 2/4 Linked Case : C.APPLN/0/0 ORIENTAL INSURANCE CO LTD ASAF ALI ROAD NEW DELHI REGIONAL OFFICE AT GUWAHATI VERSUS MONUJ KR DOLEY ALIAS MONUJ DOLEY PITYANG CHAPORI PO KULAJAN PS SILAPATHAR DISTRICT DHEMAJI ASSAM 2:RAJU CHUTIYA VILLAGE PUKIA BARNAMGHAR PS SILAPATHAR DISTRICT DHEMAJI ASSAM 3:TRAILUKYA CHUTIYA VILLAGE CHAWKAMTING PS SILAPATHAR DISTRICT DHEMAJI ASSAM ------------ Advocate for : MAMANI CHOUDHURY Advocate for : appearing for MONUJ KR DOLEY ALIAS MONUJ DOLEY Linked Case : RP(FAM.CT.)/0/0 ORIENTAL INSURANCE CO LTD ASAF ALI ROAD NEW DELHI REGIONAL OFFICE AT GUWAHATI VERSUS MONUJ KR DOLEY ALIAS MONUJ DOLEY PITYANG CHAPORI PO KULAJAN
Page No.# 3/4 PS SILAPATHAR DISTRICT DHEMAJI ASSAM 2:RAJU CHUTIYA VILLAGE PUKIA BARNAMGHAR PS SILAPATHAR DISTRICT DHEMAJI ASSAM 3:TRAILUKYA CHUTIYA VILLAGE CHAWKAMTING PS SILAPATHAR DISTRICT DHEMAJI ASSAM ------------ Advocate for : MAMANI CHOUDHURY Advocate for : appearing for MONUJ KR DOLEY ALIAS MONUJ DOLEY
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.12.2025
1. Heard Ms. M. Choudhury, the learned counsel for the applicant. Also heard Mr. R. Boruah, the learned counsel for the respondent No.1 -claimant. 2. This application under Section 5 of the Limitation Act, 1963 has been filed by the appellant Insurance Company praying for condoning the delay of 19 days in preferring the connected MAC Appeal whereby the judgment and award dated 31.12.2024 passed by the Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Appeal No. 1506/2020. 3. The learned counsel for the applicant has submitted that the applicant has explained the reasons for approaching, this Court beyond the prescribed period of
Page No.# 4/4 limitation in paragraph No.4 of the delay condonation application. 4.
On the other hand, the learned counsel for the respondent submits that there is a possibility of amicable settlement between the parties, and he does not have any objection if the delay is condoned. 5. Considering the submissions made by the learned counsel for both sides as well as considering the ground stated in the paragraph No.4 to be sufficient ground which the present applicant-Insurance Company in approaching this Court by filing the connected MAC Appeal within the prescribed period of limitation the delay of 19 days for preferring the connected appeal is condoned and this Interlocutory Application is allowed. 6. The Registry is directed to register the connected MAC Appeal and list the same for admission before the ensuing Lok Adalat on 13.12.2025. JUDGE Comparing Assistant