NEW INDIA ASSURANCE COMPANY LIMITED v. NIKLASH BAURI @ RANJIT AND 3 ORS.
I.A.(Civil)/703/2026 · 2026-07-21
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10902 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10902 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010105032025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/703/2026 NEW INDIA ASSURANCE COMPANY LIMITED (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, STARCITY COMPLEX, G.S. ROAD, LACHITNAGAR, GUWAHATI-781007, REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, LACHITNAGAR, GUWAHATI-781007, ASSAM VERSUS NIKLASH BAURI @ RANJIT AND 3 ORS. S/O LATE SUNU BAURI, R/O VILL- ROWDUAR POTHAR GAON, P.O.- NUMALIGARH, P.S.- BOKAKHAT, DIST- GOLAGHAT, ASSAM, PIN-785615 2:RAJA KALITA S/O RAMEN KALITA R/O VILL- HALMIRA DHANSIRIPAR GAON P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785702 3:SURENDRA KAMP S/O SRI ANIL KAMP R/O BOKAKHAT TOWN P.O. AND P.S.- BOKAKHAT DIST- GOLAGHAT ASSAM PIN-785612 4:THE MANAGER UNITED INDIA INSURANCE CO LTD GOLAGHAT BRANCH ASSAM 4:THE MANAGER
Page No.# 2/3 UNITED INDIA INSURANCE CO. LTD. GOLAGHAT BRANCH THANA CHARIALI DIST- GOLAGHAT ASSAM PIN-78562 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. M DUTTA(R1), D KHERKATARY(R1)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.07.2026
1. Heard Ms. R. D. Mozumdar, the learned counsel for the applicant. 2. On perusal of office note dated 18.07.2026, it appears that notices issued to the respondent No. 2 was duly served on him on 02.06.2026. Whereas, the notice issued to the respondent No. 4 was duly served on
01.06.2026. 3. The service of notice on all the respondents is, therefore, complete. However, none has appeared in spite of due service of notice, therefore, this interlocutory application is proceeded ex-parte against the said respondents. 4. This interlocutory application under Section 5 of the Limitation Act has been filed by the applicant/Insurance Company, namely, New India Assurance Company Limited praying for condoning the delay of 12 days in preferring the connected MAC appeal whereby the judgment and award dated 24.01.2025, passed by the Motor Accident Claims Tribunal, Golaghat, in MAC Case No. 102/2017 has been impugned. Page No.# 3/3
5. The learned counsel for the applicant submits that the reasons for delay have been stated in paragraph Nos. 3 to 7 of the instant interlocutory application. 6. I have considered the said reasons and found it to be sufficient cause which prevented the applicant/Insurance Company in preferring the connected appeal within the prescribed period of limitation. 7.
As such, the delay of 12 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 8. 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 the Registry. JUDGE Comparing Assistant