Page No.# 1/4 GAHC010001452025 2025:GAU-AS:4819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/3/2025 MRS SAPTA DEEPA BHARALI BAISHYA W/O LATE HEMANTA BAISHYA, VILL. BIJOYPUR, P.O. KHETRI, P.S. KHETRI, DIST. KAMRUP M, ASSAM. PRESENT ADDRESS C/O MANTU BORDOLOI, S/O DIPHU BORDOLOI, JAGIROAD TOWN, P.O. and P.S. JAGIROAD, DIST. MORIGAON, ASSAM. VERSUS THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTDand 2 ORS A ORIENTAL INSURANCE CO. LTD., GUWAHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-7 2:PAWAN JAIN S/O MOLCHAND JAIN M/S PAWAN AUTO MOBILES N.H.37 BELTOLA GUWAHATI 781028 DIST. KAMRUP ASSAM. 3:KALU CHETRI S/O MOHAN CHETRI VILL. BEGANAKHOWA P.S. GOLAGHAT DIST. GOLAGHAT ASSAM PIN 78570 Advocate for the Petitioner : MR. M TALUKDAR, MR. D NATH Page No.# 2/4 Advocate for the Respondent : , Linked Case : MACApp./178/2024 MRS SAPTA DEEPA BHARALI BAISHYA W/O LATE HEMANTA BAISHYA VILL. BIJOYPUR P.O. KHETRI P.S. KHETRI DIST. KAMRUP M ASSAM. PRESENT ADDRESS C/O MANTU BORDOLOI S/O DIPHU BORDOLOI JAGIROAD TOWN P.O. and P.S. JAGIROAD DIST. MORIGAON ASSAM. VERSUS THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTDand 2 ORS ORIENTAL INSURANCE CO. LTD. GUWAHATI REGIONAL OFFICE ULUBARI GUWAHATI-7 2:PAWAN JAIN S/O MOLCHAND JAIN M/S PAWAN AUTO MOBILES N.H.37 BELTOLA GUWAHATI 781028 DIST. KAMRUP ASSAM. 3:KALU CHETRI S/O MOHAN CHETRI VILL. BEGANAKHOWA P.S. GOLAGHAT DIST. GOLAGHAT ASSAM Page No.# 3/4 PIN 785702 ------------ Advocate for : MR.M TALUKDAR Advocate for : appearing for THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTDand 2 ORS BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R 23.04.2025 Heard Mr. M. Talukdar, learned counsel for the applicant. 2. By filing this application, the applicant seeks for restoration of MAC Appeal No. 178/2024, which was dismissed by this Court for non-prosecution on 13.12.2024. 3. The learned counsel for the applicant submits that the applicant filed this MAC appeal No.178/2024, for enhancement of amount of compensation awarded by the learned member, Motor Accident Claims Tribunal, Morigaon, Assam, in the judgment and order dated 06.08.2016, passed in MAC Case No. 86/2012. 4. The learned counsel for the applicant submits that initially the appeal was filed by another advocate Mr. D. Nath, whose name was shown in the cause list. However, after condonation of delay, this matter was listed on three occasions on 10.05.2024, 31.05.2024 and 13.12.2024. And in all the above dates in the cause list, his name was not reflected and shown as counsel, due to which he could not appear before the Court which resulted into dismissal of the appeal for non-prosecution. 5. It is submitted that there was no deliberate negligence on the part of the appellant. However, there was inadvertent mistake on the part of the Registry by not reflecting the name of the present counsel, Mr. M. Talukdar as counsel for the appellant. Page No.# 4/4 6. The learned counsel further submits that there is a good ground for appeal against the judgment and order passed by the learned Tribunal and unless the appeal is restored, the appellant will suffer irreparable loss and therefore, he prays for restoration of the appeal. 7. Prayer considered and allowed. 8. Accordingly, the MAC Appeal No. 178/2024 is hereby restored to file. The Registry shall list the appeal for admission. 9. With the above observation, this I.A. stands allowed and disposed of. JUDGE Comparing Assistant