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2025 DAILYLAW 3834 (GAU)

ORIENTAL INSURANCE CO. LTD. v. SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS

I.A.(Civil)/716/2025 · 2026-08-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/5 GAHC010240402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS Linked Case : I.A.(Civil)/716/2025 ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER. VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS D/O. LT. PAPA BHATTACHARJEE 2:SANGINI BHARDWAJ Page No.# 2/5 BOTH ARE D/O. LT. PAPA BHATTACHARJEE AND LT. 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. 3:THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. PAN BAZAR BRANCH GUWAHATI-01 THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD. BONGAIGAON DIVISION DIST. BONGAIGAON ASSAM. 4:PRANJAL OJHA S/O. MR. JATINDRA NATH OJAH R/O. H/NO. 3 LICHUBARI PATH SIX MILE KHANAPARA GUWAHATI DIST. KAMRUP (M) ASSAM. ------------ Advocate for : MS. M CHOUDHURY Advocate for : MR. S CHAUHAN (R-4) appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS Linked Case : I.A.(Civil)/3471/2025 SAMPOORNA BHARADWAJ ALIAS CHAMPURNA BHARADWAJ D/O- LATE BARNALI BHATTACHARJEE Page No.# 3/5 KHEKSIALY P.O-DEBOTTAR HASDAHA DISTRICT- DHURBRI ASSAM 2: SANGINI BHARADWAJ D/O- LATE BARNALI BHATTACHARJEE KHEKSIALY P.O-DEBOTTAR HASDAHA DISTRICT- DHURBRI ASSAM 783334 VERSUS NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OICEAT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFICE GUWAHATI-781005 REP. BY CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE. ------------ Advocate for : MS. C BARMAN Advocate for : MR SISHIR DUTTA appearing for NATIONAL INSURANCE COMPANY LTD Linked Case : ORIENTAL INSURANCE CO LTD VERSUS SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for SAMPOORNA BHARDWAJ @ CHAMPURNA BHARADWAJ AND 4 ORS BEFORE Page No.# 4/5 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA 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 Nos. 1 and 2/opposite party Nos. 1 and 2/claimant as well as Mr. T. Kalita, the learned counsel for the opposite party No. 3 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 48 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. 87/2016, has been impugned. 3. The learned counsel for the opposite parties have not opposed the prayer for condonation of delay. 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 delay of 48 days in preferring the connected MAC appeal is hereby condoned Page No.# 5/5 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 Nos. 1 and 2/claimant as well as Mr. T. Kalita as engaged counsel for respondent No. 3/National Insurance Company Ltd. in the cause-list henceforth. JUDGE Comparing Assistant