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2025 DAILYLAW 7234 (GAU)

NATIONAL INSURANCE COMPANY LTD. v. POMPI GOWALA @ POMPY GUWALAAND 2 ORS.

I.A.(Civil)/2076/2025 · 2025-10-23

Budi Habung

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010026832025 2025:GAU-AS:14166 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2076/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI. VERSUS POMPI GOWALA @ POMPY GUWALAAND 2 ORS. W/O. LT. MANTUSH GUWALA @ MONTOSH GUWALA, R/O. VILL.- MONABAG T.E., P/O. DARRANG PANBARI, P/S. DHEKIAJULI, DIST. SONIPUTR, ASSAM, PIN-784110 2:MONTUSH GOWALA S/O. LT. KANU GOWALA R/O. VILL.- MONABAG BAGICHA P/O. DARRANG PANBARI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-784110 3:GOBINDA TANTI S/O. NIMAI TANTI R/O. VILL.- MONABAG T.E. P/O. DARRANG PANBARI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-78411 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Page No.# 2/3 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 24.10.2025 Heard Ms. M. Saikia, learned counsel for the applicant. 2. The Office Note dated 17.10.2025 reflects that the notice was personally received and signed by respondent No. 1; the notice to respondent No. 2 was received by his wife; and the notice to respondent No. 3 was received by his sister. 3. In view of the above, service upon the respondents is treated as complete; however, no one appeared on behalf of the respondents today. 4. This application under Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 20 days in filing the connected appeal against the judgment and award dated 30.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 108/2022(D). 5. Ms. Saikia, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraph 2 of the delay condonation petition. 6. Upon considering the explanations provided in the aforesaid paragraph, this Court is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the stipulated time. Moreover, the respondents, despite having received the notice, have not appeared today; thus, it is presumed that they have no objection to the condonation of delay. Page No.# 3/3 7. In view of the above, and in the interest of justice, the interlocutory application for condonation of delay is hereby allowed. Accordingly, the delay of 20 days in preferring the connected appeal stands condoned. 8. The Registry is directed to register the connected Appeal and list the same for admission hearing in its usual course. 9. The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant