Page No.# 1/3 vs The Oriental Insurance Company Ltd
2025 Latest Caselaw 6841 Gua

Gauhati High Court

Page No.# 1/3 vs The Oriental Insurance Company Ltd on 29 August, 2025

                                                                         Page No.# 1/3

GAHC010049002021




                                                                   2025:GAU-AS:11603

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/819/2021

            SRI TARUN DUTTA @ ARUN DUTTA
            S/O LATE BHOLA DUTTA, VILLAGE- HALOWAJAN, PS PANIGAON, DIST.
            LAKHIMPUR, ASSAM



            VERSUS

            THE ORIENTAL INSURANCE COMPANY LTD.
            REGIONAL OFFICE, ULUBARI, GUWAHATI-7, ASSAM (REP. BY ITS
            REGIONAL MANAGER) (INSURER OF THE VEHICLE NO. AS-07-B-8644)



Advocate for the Petitioner   : MR. S K TALUKDAR, MR. D BANIA,MS. S T BOKTH

Advocate for the Respondent : MR S DUTTA , MS. S. MOCHAHARI ,MR. S DUTTA,MR S
DUTTA



             Linked Case :

            SRI TARUN DUTTA @ ARUN DUTTA



             VERSUS

            SRI ANJAN GOGOI AND 2 ORS (F)



             ------------
                                                                           Page No.# 2/3

             Advocate for : MR. S K TALUKDAR
             Advocate for : appearing for SRI ANJAN GOGOI AND 2 ORS (F)



                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

29.08.2025

Heard Ms. T. R. Ovung, learned counsel for the applicant. Also heard Mr. S. Dutta, learned counsel for the respondent.

This application under Section 5 of the Indian Limitation Act has been filed with a prayer for condonation of delay of 506 days beyond the prescribed period of limitation in filing the MAC Appeal against the judgment and award dated 26.07.2018 passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No. 2798/2015.

Ms. Ovung, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 3 and 4 of the delay condonation petition.

Upon considering the explanations provided in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the stipulated time. Moreover, the respondent has raised no objection to the condonation of delay, as the parties have agreed to explore the possibility of settlement through mediation.

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 506 days in preferring the connected appeal stands condoned.

Page No.# 3/3

The Registry is directed to register the connected MAC Appeal, and upon registration, the matter shall be referred to the Gauhati High Court Mediation Centre. The Registry is further directed to take necessary steps to transmit the case record to the Mediation Centre forthwith. The parties are directed to appear before the Mediation Centre on a date to be fixed by the Centre. And the appeal shall be listed after receipt of the mediation report.

The Interlocutory Application stands disposed of in terms above.

JUDGE

Comparing Assistant