Page No.# 1/5 GAHC010240402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3480/2025 SAMPOORNA BHARADWAJ ALIAS CHAMPURNA BHARADWAJ D/O- LATE PAPA BHATTACHARJEE AND LATE BARNALI BHATTACHARJEE, RESIDENT OF KHEKSIALY PO DEBOTTAR HASDAHA VIA GOLAKGANJ DIST DHUBRI ASSAM, PIN- 783334 VERSUS ORIENTAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27, ASAF ALI ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GHY-07 REP. BY THE REGIONAL MANAGER Advocate for the Petitioner : MS. C BARMAN, MR. H DAS Advocate for the Respondent : MR. S DUTTA, Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ Page No.# 2/5 ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ Linked Case : I.A.(Civil)/714/2025 ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GHY-07 REP. BY THE REGIONAL MANAGER. VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ D/O. PAPA BHATTACHARJEE AND LATE BARNAIL BHATTACHARJEE R/O. QTR. NO. 532/B IOCL BONGAIGAON REFINERY TOWNSHIP P/O. AND P/S. DHALIGAON CHIRANG B.T.A.D ASSAM PIN-783385. PERMANENT ADDRESS- MITA BHAWAN NETAJI NAGAR BABUPARA P/O. AND P/S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-783380. 2:THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. PAN BAZAR BRANCH GUWAHATI-01. REP. BY THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. BONGAOGAON DIVISION DIST. BONGAIGAON ASSAM. Page No.# 3/5 3:PRANJAL OJHA S/O. MR. JATINDRA NATH OJAH R/O. H/NO.-3 LICHUBARI PATH SIX MILE KHANAPARA GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781022. 4:AMIT KALITA S/O. BADAN KALITA R/O. VILL.- PATHALIKUCHI P/O. DWARKUCHI P/S. TAMULPUR DIST. BAKSA ASSAM PIN-781367. ------------ Advocate for : MS. M CHOUDHURY Advocate for : MR. S CHAUHAN (R-3 4) appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Page No.# 4/5 ORDER 17.08.2026 Heard Ms. Ms. M. Choudhury, the learned counsel for the applicant. Also heard Ms. C. Barman, the learned counsel for the respondent No. 1/opposite party No. 1/claimant as well as Mr. T. Kalita, the learned counsel for the opposite party No. 2 namely National Insurance Company Ltd. 2. This interlocutory application under Section 5 of the Limitation Act has been filed by the applicant i.e., National Insurance Company Ltd. praying for condonation of delay of 38 days in preferring the connected MAC appeal whereby the judgment and award dated 05.07.2024, passed by the learned Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 86/2016, has been impugned. 3. The learned counsel for the opposite party Nos. 1 and 2 have not opposed the prayer for condonation of delay, hence the notice to other opposite parties namely opposite party No. 3 and 4 who are the owner and driver of the offending vehicle is hereby waived. 4. The learned counsel for the applicant has submitted that the reason for delay in preferring the connected appeal beyond the prescribed period of limitation has been explained in paragraph-5 of the instant interlocutory application. 5. After considering the submissions made by the learned counsel for both the parties and after going through the grounds stated in paragraph-5 of the instant interlocutory application, this Court is of the considered opinion that the grounds so stated by the applicant may be regarded as sufficient cause which has prevented the applicant Insurance Company in preferring the instant interlocutory application within the prescribed period of limitation. As such, the Page No.# 5/5 delay of 38 days in preferring the connected MAC appeal is hereby condoned and this interlocutory application is allowed. 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. 8. List accordingly. 9. The Registry shall also reflect the name of Ms. C. Barman as engaged counsel for respondent No. 1/claimant as well as Mr. T. Kalita as engaged counsel for respondent No. 2/National Insurance Company Ltd. in the cause-list henceforth. JUDGE Comparing Assistant