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2026 DAILYLAW 12788 (GAU)

THE RELIANCE GENERAL INSURANCE CO LTD v. CHANDAN PATOWARY

I.A.(Civil)/290/2026 · 2026-08-16

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010259122025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/290/2026 THE RELIANCE GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT 19, RELIANCE CENTRE, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI- 400001 AND CORPORATE OFFICE AT 570, RECTIFIER HOUSE, NAGAUM CROSS, NEXT TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI- 400031 AND ONE OF THE BRANCH OFFICES AT PRAG PLAZA, 5TH FLOOR, G.S. ROAD, BHANGAGARH, GUWAHATI-781005 VERSUS CHANDAN PATOWARY S/O LATE PABITRA PATOWARY, R/O VILL- CHENGA SUBHA, P.O AND MOUZA- CHENGA, P.S- TARABARI, DIST- BARPETA, ASSAM, PIN- 781305 Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA,MR. S PEGU Advocate for the Respondent : MR. N HAQUE, MR M HUSSAIN BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.08.2026 1. Heard Mr. A. J. Saikia, learned counsel for the applicant. Also heard Mr. A. K. Azad, learned counsel for the opposite party/claimant. 2. This interlocutory application has been filed under Section 5 of the Page No.# 2/3 Limitation Act, 1963 by the present applicant, namely, Reliance General Insurance Company Limited for condoning the delay of 80 days in preferring the connected appeal, wherein the judgment and award dated 29.05.2025, passed by the Motor Accident Claims Tribunal, Barpeta, in MAC Case No. 156/2019, has been impugned. 3. The learned counsel for the opposite party/claimant has submitted that considering the grounds shown in the instant interlocutory application, he does not have any objection if the said delay is condoned. 4. On the other hand, the learned counsel for the applicant has submitted that the reason for delay has been stated in paragraph No. 4 of the instant interlocutory application. 5. I have gone through the grounds stated in the instant interlocutory application as well as considered the submissions made by learned counsel for both sides. 6. On perusal of the grounds stated in the instant interlocutory application, this Court is of considered opinion that the grounds stated therein may be regarded as "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 80 days in preferring the connected MAC appeal by the present applicant is hereby condoned and this interlocutory application is allowed. 8. The Registry is directed to register the connected MAC appeal and list Page No.# 3/3 the same for admission after a week on a date to be fixed by the Registry. 9. The name of Mr. A. K. Azad may be reflected in the cause-list as engaged counsel for respondent/claimant henceforth. JUDGE Comparing Assistant