Cholamandalam Ms General Insurance ... vs Rampiyari Nunia @ Rampyari And 3 Ors
2025 Latest Caselaw 1367 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Rampiyari Nunia @ Rampyari And 3 Ors on 22 July, 2025

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GAHC010265552022




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

                        Case No. : I.A.(Civil)/3819/2022

         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD .
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
         2ND FLOOR, NO. 2 N.S.C BOSE ROAD, CHENNAI 600001 AND ITS BRANCH
         OFFICE AT AASTHA PLAZA, 4TH FLOOR. OPP. TO S. B DEORAH COLLEGE,
         G.S ROAD, GUWAHATI



         VERSUS

         RAMPIYARI NUNIA @ RAMPYARI AND 3 ORS
         S/O SUBODH NUNIA @ SUBODH NUNIYA
         RESIDENT OF SADAGRAM, PS DHOLAI, DIST CACHAR, ASSAM 788114

         2:JAMIL AHMED CHOUDHURY
          S/O SUJA MIA CHOUDHURY.
         RESIDENT OF VILLAGE KAZIDOHAR PART III
          PS SONAI
          DIST CACHAR
         ASSAM 788119

         3:SRI GAUTAM THAKUR
          S/O SRI PARSURAM THAKUR

         RESIDENT OF TAMBUTILLA
         PS SILCHAR
         DIST CACHAR
         ASSAM 788003

         4:TAZUL HUSSAIN LASKAR
          S/O LATE ASHIK ALI LASKAR

         RESIDENT OF VILLAGE NAGDIGRAM
         KABUGANJ
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             PS SONAI
             DIST CACHAR
             ASSAM 78811

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR

Advocate for the Respondent : MR. A B T HAQUE (R-2,4), MR A B DEY (R-1),L TUBIN (R-2,4),L
P BORAH (R-2,4)




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

22.07.2025

Heard Ms. P. Borthakur, learned counsel for the applicant and also heard Mr. A.B. Dey, learned counsel for the respondent No.1.

This interlocutory application is preferred for condonation of delay of 60 days in preferring the connected MAC Appeal against the judgment and award dated 26.05.2022 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, in MAC Case No.1385/2016.

Ms. Borthakur, learned counsel for the applicant submits that the appeal could not be preferred in time as the applicant had to obtain approval from the concerned higher offices and that the delay is not intentional, rather it is circumstantial and as such, she has contended to condone the same.

Mr. Dey, learned counsel for the respondent No.1 submits that he has no objection in the event of condonation of delay of 60 days in preferring the connected appeal.

Taking note of the submission of learned counsel for both the parties and also considering the explanation put forwarded by the applicant, this Court is of the view that the delay of 60 days in preferring the connected appeal is sufficiently explained and accordingly, the same stands condoned.

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Now, the Registry is to register and number the connected appeal and list the same before the Court as soon as practicable.

Sd/- Robin Phukan JUDGE

Comparing Assistant