Oriental Insurance Company Ltd vs Punakanta Moran And 2 Ors
2025 Latest Caselaw 5781 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Punakanta Moran And 2 Ors on 26 June, 2025

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GAHC010155192024




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

                           Case No. : I.A.(Civil)/3885/2024

          ORIENTAL INSURANCE COMPANY LTD.
          A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
          GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REPRESENTED BY
          THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
          GUWAHATI-781007.



          VERSUS

          PUNAKANTA MORAN AND 2 ORS
          S/O. BHOGESWAR MORAN

          2:VANITA MORAN
          W/O. PUNAKANTA MORAN
           BOTH ARE R/O. NO.2 NALONI GAON
           P/O. AND P/S. PENGERI
           DIST. TINSUKIA
          ASSAM
           PIN-786174

          3:BIPUL CHETIA
           S/O. MANIK CHETIA
           R/O. NO. 2 NALONI DUARMARA
           P/O. AND P/S. PENGERI
           DIST. TINSUKIA
          ASSAM
           PIN-786174

Advocate for the Petitioner : MS. R D MOZUMDAR, MS. R D MOZUMDAR,MS. C
MOZUMDAR,MR. S P SHARMA

Advocate for the Respondent : MR. A HASAN, MR. I K BURAGOHAIN(R-1),MR. N HASAN,MR.
A HASAN(R-1),MR. I K BURAGOHAIN,MR. N HASAN(R-1)
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                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

26.06.2025

Heard Ms. R.D. Mozumdar, learned counsel for the applicant and also heard Mr. A. Hasan, learned counsel for the respondent No.1 and 2.

This application under Section 173 of the Motor Vehicles Act read with Section 5 of the Limitation Act, 1963, is preferred by the applicant for condonation of delay of 58 days in preferring the connected MAC appeal against the judgment and award dated 02.03.2024 passed by the learned Additional Member-2, Motor Accident Claims Tribunal (MACT), Tinsukia, in MAC Case No.47/2021.

Ms. Mozumdar, learned counsel for the applicant submits that an investigator was appointed to investigate regarding the criminal case filed against the driver, being PRC Case No.519/2022 and also on account of obtaining approval from the Regional Office. The appeal could not be filed in time and the delay is not intentional, rather it is circumstantial and the appeal has to be admitted and to be heard on merit and accordingly, Ms. Mozumdar contended to allow the petition.

On the other hand, Mr. Hasan, learned counsel for the respondents submits that he has no objection in the event of condoning the delay.

Taking note of the submission of learned counsel for both the parties and also considering the explanation so forthcoming for the delay of 58 days, this Court is of the view that the delay is sufficiently explained and accordingly, the same stands condoned.

In terms of above, the I.A. stands disposed of.

Registry is to register and number the appeal and list the matter before the Court Page No.# 3/3

after reopening of the vacation.

Sd/- Robin Phukan JUDGE

Comparing Assistant