ORIENTAL INSURANCE COMPANY LTD. v. ON THE DEATH OF MAINUL HUSSAIN HIS LEGAL REP. NAMELY JAIGUN NESSA AND ORS.
I.A.(Civil)/1794/2024 · 2026-04-19
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4488 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4488 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010235582025
2026:GAU-AS:5376
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1794/2024 ORIENTAL INSURANCE COMPANY LTD. (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. VERSUS ON THE DEATH OF MAINUL HUSSAIN HIS LEGAL REP. NAMELY JAIGUN NESSA AND ORS. VILL.- HOUSE NO.34 BHETAPARA MILAN NAGAR P.O. AND P.S.- HATIGAON DIST.- KAMRUP (M) ASSAM PIN- 781038. 1.2:MARIA YESMIN VILL.- HOUSE NO.34 BHETAPARA MILAN NAGAR P.O. AND P.S.- HATIGAON DIST.- KAMRUP (M) ASSAM PIN- 781038. 1.3:REKIB HUSSAIN
Page No.# 2/4 VILL.- HOUSE NO.34 BHETAPARA MILAN NAGAR P.O. AND P.S.- HATIGAON DIST.- KAMRUP (M) ASSAM PIN- 781038. 2:CHINTU KAMTI S/O ASHOK KAMTI
R/O CHAMBER ROAD FANCY BAZAR P.O. AND P.S.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. 3:KAMAL KR. JAIN S/O TOLA RAM CHORADIA
C/O CHORADIA AND SONS IHM MARKET T.R. PHOOKAN ROAD FANCY BAZAR P.O.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for ON THE DEATH OF MAINUL HUSSAIN HIS LEGAL REP. NAMELY JAIGUN NESSA AND ORS. In MACApp. No. 1328/2024
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 20.04.2026 [1] Heard Ms. R.D. Mozumdar, the learned counsel for the
Page No.# 3/4 applicant/insurance company. Also heard Mr. S.I. Akand, the learned counsel appearing for the next friend of the minor respondent No. 1(b) and 1(c)/claimant. [2] This interlocutory application has been filed by the applicant/ insurance company praying for condonation of delay of 70 days in preferring the connected MACAppeal, whereby the judgement and award dated 25.08.2023, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati in MAC Case No. 1650/2017 has been impugned. [3] The applicant has explained the reasons for approaching this court belatedly after the prescribed period of limitation in paragraphs Nos. 3,4,5,6 and 7. [4] The learned counsel for the respondents/claimants considering the grounds stated in the application does not raise any objection. [5] I have gone through the grounds stated in the application for condonation of delay. [6] Considering the said grounds to be sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation, the delay of 70 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed.
[7] The Registry is directed to register the connected appeal and
Page No.# 4/4 list the same for admission after 2(two) weeks, on a date to be fixed by the Registry. JUDGE Comparing Assistant