CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED v. PUSPA BHARALI
I.A.(Civil)/1518/2025 · 2026-03-29
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2932 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2932 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010081852025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1518/2025 CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED HAVING ITS BRANCH OFFICE AT AASTHA PLAZA, OPPOSITE OF S.B.
EORAH COLLEGE, 4TH FLOOR, BORA SERVICE, GUWAHATI, DIST.
KAMRUP (M), ASSAM. REP. BU ITS DEPUTY MANAGER LEGAL CLAIMS, MR. KAIFI ANAM. VERSUS PUSPA BHARALI W/O. SRI ABHAY BHARALI, R/O. VILL.- HATIGARH (KUCHIYANI), P/O.
RAJAMAYONG, P/S. MAYONG, DIST. MORIGAON, ASSAM, PIN-782411.
2:SAMSUDDIN AHMED S/O. AMIRUDDIN AHMED R/O. VILL.- KUKUWARI P/O. KURANIBORI P/S. MAYONG DIST. MORIGAON ASSAM PIN-782411.
3:ACHYUT DEKA S/O. DIPEN CH. DEKA R/O. VILL.- BILIMARI P/O. JHARGAON DIST. MORIGAON ASSAM PIN-782411.
4:THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.
G.S ROAD BORA SERVICE ULUBARI
Page No.# 2/3 GUWAHATI ASSAM DIST. KAMRUP (M) PIN-781007.
5:JITUMONI SAIKIA S/O. SRI HARENDRA SAIKIA R/O. LOONMATI P/O. RAJAMAYONG P/S. MAYONG DIST. MORIGAON ASSAM PIN-782411.
6:UDHAB SAIKIA S/O. LT. PRAFULLA SAIKIA R/O. VILL.- HATIGARH (KUCHIYANI) P/O. RAJAMAYONG P/S. MAYONG DIST. MORIGAON ASSAM PIN-782411 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. B BISHAYA (R-6), MR P S RAJA (R-3),MR. M TALUKDAR(R-1),B SARMA (R-1),MR. B U LASKAR(R-6)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 30.03.2026
1. Heard Mr. A. Bhattacharyya, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for the respondent No. 1, Mr. P. S. Raja, learned counsel for the respondent No. 3 and Mr. T. Kalita, learned counsel receives notice for the respondent No. 4.
2. This application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant/Insurance Company praying for condonation of delay of 69 days in preferring the connected MAC appeal whereby the judgment and award
Page No.# 3/3 dated 28.10.2024, passed by the Motor Accident Claims Tribunal, Morigaon, in MAC (Injury) Case No. 63/2016 has been impugned.
3. Since, the respondent No. 1 have raised no objection against the prayer made by the applicant, the notice to respondent No. 2 is hereby waived.
4. The learned counsel for the respondent Nos. 3 and 4 have also not made any objection against the prayer for condonation of delay.
5. Considering the submissions made by the learned counsel for the parties as well as considering the grounds stated in the present application, for showing the cause for belated filing of the connected appeal beyond the prescribed period of limitation to be sufficient cause, the delay of 69 days in filing the connected appeal is hereby condoned and this interlocutory application is accordingly
disposed of.
6. The Registry is directed to register the connected MAC appeal and list the same for admission after a week on a date to be fixed by it.
7. The name of Mr. M. Talukdar, learned counsel may be reflected in the cause-list while listing the connected MAC appeal for admission.
8. The name of Mr. T. Kalita, learned counsel may also be reflected in the cause-list as engaged counsel for the respondent No. 4 henceforth.
9. The appellant shall furnish requisite numbers of copies of memo of appeal along with annexures to the learned counsel for the respondents.
JUDGE Comparing Assistant