The Oriental Insurance Co. Ltd vs Sobha Sinha And 4 Ors
2025 Latest Caselaw 7822 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Sobha Sinha And 4 Ors on 15 October, 2025

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GAHC010020292024




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

                           Case No. : I.A.(Civil)/298/2024

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP(M),
         ASSAM.

         VERSUS

         SOBHA SINHA AND 4 ORS.
         W/O LATE RAJIB AHMED @ RAJIBUDDIN,
         R/O B.P CHALIHA NAGAR, P.O.- BAMUNIMAIDAM, GUWAHATI, ASSAM.

         2:SHINY SINHA
          D/O LATE RAJIB AHMED

         R/O B.P CHALIHA NAGAR
         P.O.- BAMUNIMAIDAM
         GUWAHATI
         ASSAM.

         3:SUSMITA SINHA
          D/O LATE RAJIB AHMED

         R/O B.P CHALIHA NAGAR
         P.O.- BAMUNIMAIDAM
         GUWAHATI
         ASSAM.

         4:MD HAMIDUR RAHMAN
          S/O AJIAL HOQUE

         VILL.- HATIGAON
         BHETAPARA RD
         HOUSE NO 144
         P.O.- DISPUR
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               DIST.- KAMRUP
               ASSAM.

            5:PRANAB BAISHYA
             S/O LATE UPEN BAISHYA

            VILL.- TARMATHA
            P.O.- ARIKUCHI P.S.- NALBARI

Advocate for the Petitioner   : MR. S K GOSWAMI,

Advocate for the Respondent : MR A N IQBAL (R-1,2,3),




                                    BEFORE
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 15.10.2025

1. Heard Mr. R. Sharma, learned counsel for the applicant. Also heard Mr. A. N. Iqbal, learned counsel for the respondent Nos. 1, 2 and 3.

2. This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condoning the delay of 8 days in preferring the connected appeal whereby the applicant has impugned the judgment and award dated 05.10.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2 Kamrup(M) in MAC Case No. 2406/2018.

3. The learned counsel for the applicant has submitted that the applicant has stated the reasons for delay in paragraph Nos. 3 and 4 of the instant condonation application.

4. On the other hand, the learned counsel for the respondent Nos. 1, 2 and 3 has submitted that considering the grounds shown by the applicant in the condonation of delay application, he has no objection if the prayer for condoning the delay is allowed.

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5. Considering the grounds taken by the applicant in paragraph Nos. 3 and 4 of the application to be sufficient cause which prevented the applicant in approaching this Court for preferring the connected appeal within the period of limitation as well as considering the fact that the learned counsel for the respondent Nos. 1, 2 and 3 has no objection if the prayer of the applicant is allowed, the delay of 8 days in preferring the connected MAC Appeal is hereby condoned and this interlocutory application is allowed.

6. The Registry is directed to register the connected MAC Appeal and list this same for admission in the next week on a date to be fixed by it.

JUDGE

Comparing Assistant