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2025 DAILYLAW 3568 (GAU)

NATIONAL INSURANCE COMPANY LIMITED v. GOLAPI DEVI AND 5 OTHERS

I.A.(Civil)/1436/2025 · 2026-07-14

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/5 GAHC010076002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1436/2025 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BANGAGARH, G.S. ROAD, GUWAHATI-781005 REP BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, GUWAHATI, ASSAM VERSUS GOLAPI DEVI AND 5 OTHERS W/O. LT. SISHIR CHANDRA CHAKRABORTY 2:SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ D/O. LT. PAPA BHATTACHARJEE 3:SANGINI BHARDWAJ D/O. LT. PAPA BHATTACHARJEE RESPONDENT NO. 3 BEING MINOR WAS REP. BY THE RESPONDENT NO. 1 ALL ARE R/O. KHEKSIALY P/O. DEBOTTAR HASDAHA (VIA-GOLAKGANJ) DIST. DHUBRI ASSAM PIN-783334. 4:PRANJAL OJAH S/O. SRI JATINDRA NATH OJAH R/O. H/NO. 3 LICHUBARI PATH SIX-MILE KHANAPARA GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781022. 5:AMIT KALITA S/O. SRI BADAN KALITA R/O. VILL.- PATHALIKUCHI Page No.# 2/5 P/O. DWARKUCHI P/S. PAMULPUR DIST. BAKSA ASSAM PIN-781367. 6:THE ORIENTAL INSURANCE COMPANY LTD. REP. BY THE DIVISIONAL MANAGER BONGAIGAON DIVISION CHAPAGURI ROAD BONGAIGAON ASSAM PIN-783380 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR SISHIR DUTTA (R-6), R DEB(R-4,5),M. BORUAH(R-4,5),MR. S CHAUHAN (R-4,5),S K BEGUM(R-6),MS. M CHOUDHURY(R-6) Linked Case : RP(FAM.CT.)/0/0 NATIONAL INSURANCE COMPANY LIMITED REP BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GUWAHATI ASSAM VERSUS SMT DR GOLAPI DEVI DHUBRI ASSAM 2:SAMPOORNA BHARDWAJ ALIAS CHAMPURNA BHARDWAJ DHUBRI ASSAM 3:SANGINI BHARDWAJ DHUBRI ASSAM 4:PRANJAL OJAH KAMRUP METRO Page No.# 3/5 ASSAM 5:AMIT KALITA BAKSA ASSAM 6:THE ORIENTAL INSURANCE COMPANY LIMITED REP BY THE DIVISIONAL MANAGER BONGAIGAON ASSAM ------------ Advocate for : Tridib Kalita Advocate for : appearing for SMT DR GOLAPI DEVI Linked Case : I.A.(Civil)/3490/2025 SAMPOORNA BHARADWAJ ALIAS CHAMPURNA BHARADWAJ D/O- LATE BARNALI BHATTACHARJEE ALL ARE RESIDENT OF KHEKSIALY PO DEBOTTAR HASDAHA VIA GOLAKGANJ DIST DHUBRI ASSAM PIN- M783334 2: MISS SANGINI BHARADWAJ D/O- LATE BARNALI BHATTACHARJEE ALL ARE RESIDENT OF KHEKSIALY PO DEBOTTAR HASDAHA VIA GOLAKGANJ DIST DHUBRI ASSAM PIN- M783334 VERSUS NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFIVCE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS RGIONAL OFFICE AT BHANGAGARH GS ROAD GHY-781005 REP BY CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE ------------ Advocate for : MS. C BARMAN Advocate for : MR. T KALITA appearing for NATIONAL INSURANCE COMPANY Page No.# 4/5 LIMITED BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 15.07.2026 1. Heard Mr. A. Kakoti, the learned counsel for the applicant. Also heard Mr. C. Baruah, the learned counsel for the respondent Nos. 2 and 3 as well as Ms. M. Choudhury, the learned counsel for the respondent No.6. 2. This application under Section 5 of the Limitation Act, 1963 has been preferred by the National Insurance Company Limited praying for condoning the delay of 178 days in filing the connected MAC Appeal, whereby the judgment and award dated 05.07.2024 passed in MAC Case No. 88/2026 by the Motor Accident Claims Tribunal, Bongaigaon has been impugned. 3. The learned counsel for the applicant has submitted that the reasons for delay has been mentioned in paragraph Nos. 3 to 10 in the instant Interlocutory Application. 4. The learned counsel for the respondents have submitted that they do not have any objection if the delay is condoned in this case. 5. I have gone through the reasons stated in the instant Interlocutory Application by the applicant for approaching this Court belatedly in filing the connected Appeal. Page No.# 5/5 6. The said reasons has been regarded as sufficient which prevented the application from filing the connected appeal within the prescribed period of limitation, as such delay of 178 days in preferring the connected appeal is, hereby, condoned and this Interlocutory Application is allowed. 7. The Registry shall register the connected MAC Appeal and list the same for admission on 17.08.2026. JUDGE Comparing Assistant