Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 3192 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. PRANAB DEKA @ PRABAN AND 5 ORS

I.A.(Civil)/1087/2025 · 2026-05-03

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010064062025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1087/2025 THE ORIENTAL INSURANCE CO. LTD. A CO. REGISTERED UNDER THE COMPANIES ACT 1956, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI - 7, DIST. KAMRUP (M) ASSAM. VERSUS PRANAB DEKA @ PRABAN AND 5 ORS S/O LATE SOMESWAR DEKA, R/O VILL. BARAPUJIA RAJA GAON, P.S. RAHA, DIST. NAGAON, ASSAM, PIN 2:CHANJU DEKA S/O PRANAB DEKA R/O VILL. BARAPUJIA RAJA GAON P.S. RAHA DIST. NAGAON ASSAM PIN 3:BISWA JYOTI DEKA S/O SRI PRANAB DEKA R/O VILL. BARAPUJIA RAJA GAON P.S. RAHA DIST. NAGAON ASSAM PIN 4:SMT. SITA DEVI DAGA W/O SRI KRISHAULAL DAGA R.O. R.K.B. ROAD Page No.# 2/3 CHRISTIANPATTY P.O. AND P.S. NAGAON DIST. NAGAON ASSAM PIN (OWNER OF THE VEHICLE NO AS-U-7286 5:PUNA BORDOLOI S/O LATE KHARGESWAR BORDOLOI R/O VILL. LAUPHULBARI P.S. RAHA DIST. NAGAON ASSAM PIN (OWNER OF THE MOTORCYCLE NO AS-21-F-6017) 6:BISWAJIT SAIKIA S/O ANANTA SAIKIA R/O VILL. MASPUTANI P.S. NAGAON DIST. NAGAON ASSAM PIN (DRIVER OF THE VEHICLE NO AS-U-7286 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR D K NATH (R-4,6), MS. N PODDAR (R1),MR. C SHARMA (R1),S K PODDAR (R1) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.05.2026 1. Heard Mr. S. Sarma, learned counsel for the applicant. Also heard Mr. S. K. Poddar, learned counsel for the claimants/respondent Nos. 1, 2 and 3. 2. This interlocutory application has been filed by the applicant/ Insurance Company praying for condoning the delay of 75 days in preferring the connected MAC appeal whereby the judgment and award dated 06.09.2024, Page No.# 3/3 passed by the Motor Accident Claims Tribunal, Morigaon in MAC Case No. 12/2019 has been impugned. 3. The learned counsel for the applicant has submitted that the reasons for belated filing of the appeal beyond prescribed period of limitation has been stated in paragraph Nos. 3 and 4 of the instant interlocutory application. 4. The learned counsel for the claimants/respondents has submitted that considering the grounds stated in the instant interlocutory application, the claimants/respondents do not have any objection if the delay is condoned. 5. Since, the claimants/respondents have not opposed the prayer for condonation of the delay made by the present applicant, the notice to other respondents is hereby waived. 6. Considering the grounds stated in the instant interlocutory application to be sufficient cause which prevented the applicant in approaching the Court within the prescribed period of limitation in filing the connected MAC appeal, the delay of 75 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 7. The Registry is directed to register the connected MAC appeal and list the same in the admission column on 12th of May, 2026. JUDGE Comparing Assistant