NATIONAL INSURANCE COMPANY LIMITED v. GOLAPI DEVI AND 5 OTHERS
I.A.(Civil)/2246/2025 · 2026-08-16
Mridul Kumar Kalita
body2025
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[ 2025 DAILYLAW 3835 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3835 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010075952025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2246/2025 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REG. OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI-781005 REP BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE VERSUS GOLAPI DEVI AND 5 OTHERS W/O. LT. SISHIR CHANDRA CHAKRABORTY 2:SAMPOORNA BHARDWAJ @ CHAMPURNA BHARDWAJ D/O. LT. BARNALI BHATTACHARJEE 3:SANGINI BHARDWAJ D/O. LT. BARNALI 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. JATINDRA NATH OJAH R/O. HOUSE NO. 3 LICHUBARI PATH SIX MILE KHANAPARA GUWAHATI DIST. KAMRUP (M)
Page No.# 2/5 ASSAM PIN-781022 5:AMIT KALITA S/O. BADAN KALITA R/O. VILL.- PATHALIKUCHI P/O. DWARKUCHI P/S. TAMULPUR DIST. BAKSHA ASSAM PIN-781367. 6:THE ORIENTAL INSURANCE COMPANY LIMITED REP. BY THE DIVISIONAL MANAGER BONGAIGAON DIVISION CHAPAGURI ROAD BONGAIGAON ASSAM PIN783380 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR. S CHAUHAN (R-4,5), S K BEGUM(R6),MS. M CHOUDHURY(R6),MR SISHIR DUTTA(R6),R DEB(R-4,5),M. BORUAH(R-4,5) 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
Page No.# 3/5 3:SANGINI BHARDWAJ DHUBRI ASSAM 4:PRANJAL OJAH KAMRUP METRO 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)/3479/2025 SAMPOORNA BHARATWAJ AND SANGINI BHARADWAJ D/O- LATE BARNALI BHATTARCHARJEE RESIDENT OF- KHEKSIALY P.O- DEBOTTAR HASDAHA DISTRICT- DHUBRI ASSAM 2: MISS SANGINI BHARADWAJ D/O- LATE BARNALI BHATTARCHARJEE RESIDENT OF- KHEKSIALY P.O- DEBOTTAR HASDAHA DISTRICT- DHUBRI ASSAM 783334 VERSUS NATIONAL INSURANCE COMPANY LTD REGIONAL OFICE AND HEAD OICE AT 3 MIDDLETON STREET KOLKATA AND REGIONAL OFICE BHANGAGARH GS ROAD GUWAHATI ASSAM REP. BY CHIEF REGIONAL MANAGER GUWAHATI ASSAM
Page No.# 4/5 ------------ Advocate for : MS. C BARMAN Advocate for : MR T KALITA appearing for NATIONAL INSURANCE COMPANY LTD
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.08.2026
Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Ms. C. Barman, the learned counsel for the opposite party Nos. 1, 2 and 3 as well as Ms.
M. Choudhury, the learned counsel for the opposite party No. 6. 2. Though on perusal of the records, it appears that on the last occasion, some counsel had filed wakalatnama for opposite party Nos. 4 and 5, however, none has appeared for the said opposite parties. Hence, in this interlocutory application, this Court is proceeding ex-parte against both the opposite party Nos. 4 and 5. 3. This interlocutory application has been filed by the applicant i.e., National Insurance Company Ltd. praying for condonation of delay of 162 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. 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-329 of the instant interlocutory application. 5. The learned counsel for the opposite parties have not opposed the prayer
Page No.# 5/5 for condonation of delay considering the grounds stated in the instant interlocutory application. 6. After considering the submissions made by the learned counsel for both the parties as well as the grounds stated in the interlocutory application, this Court is of the considered opinion that the grounds stated therein may be regarded as sufficient cause which prevented the present applicant in preferring the connected appeal within the prescribed period of limitation. As such, the delay of 162 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 for Admission after a week on a date to be fixed by it. 8. List accordingly. 9. The name of Ms. M. Choudhury be reflected in the cause-list as engaged counsel for respondent No. 6 whereas the name of Ms. C. Barman be reflected as engaged counsel for respondent Nos.
1, 2 and 3 in the cause-list henceforth. JUDGE Comparing Assistant