Boloram Nath @ Baloram Nath vs Oriental Insurance Co. Ltd And 2 Ors
2025 Latest Caselaw 7880 Gua

Gauhati High Court

Boloram Nath @ Baloram Nath vs Oriental Insurance Co. Ltd And 2 Ors on 17 October, 2025

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GAHC010215442023




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

                                Case No. : I.A.(Civil)/3059/2023

            BOLORAM NATH @ BALORAM NATH
            S/O UMESH CHNADRA NATH,
            VILL.- BATAKUCHI, P.S.- CHAYGAON, DIST.- KAMRUP (ASSAM).



            VERSUS

            ORIENTAL INSURANCE CO. LTD AND 2 ORS.
            REP. BY ITS REGIONAL MANAGER, G.S. ROAD, ULUBARI, P.O.-
            GUWAHATI- 781007, DIST.- KAMRUP (M) (ASSAM.)

            2:GOHER ALI
             S/O RATIZ ALI

            VILL.- NO. 2 ALOKJARI
            P.O. AND P.S.- BOKO- 781123
            DIST.- KAMRUP (M) (ASSAM).

            3:RAJAKUL ALI
             S/O MD. TACHER ALI

            VILL.- ALOKJARI
            P.O. AND P.S.- BOKO- 781123
            DIST.- KAMRUP (ASSAM)

Advocate for the Petitioner   : MR. A R AGARWALA, MD. K ALI,MS. R LAILA

Advocate for the Respondent : MR. R C PAUL (R-1),
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           Linked Case :

          BOLORAM NATH @ BALORAM NATH



           VERSUS

          ORIENTAL INSURANCE CO. LTD. AND 2 ORS. H



          ------------
          Advocate for : MR. A R AGARWALA
          Advocate for : appearing for ORIENTAL INSURANCE CO. LTD. AND 2 ORS. H



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 17.10.2025

1. Heard Mr. A. R. Agarwala, the learned counsel for the applicant. Also heard Mr. R. C. Paul, the learned counsel appearing for the respondent No. 1.

2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condonation of delay of 263 days in preferring the connected MAC Appeal by which the applicant has impugned the judgment dated 30.09.2022 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (Metro) in MAC Case No. 175/2017.

3. The applicant has stated to ground for approaching this Court belatedly in filing the connected MAC Appeal in paragraph No. 3, 4 and 7 of the instant application for condonation of delay.

4. Considering the grounds stated in the petition, the learned counsel for the respondent No.1 does not opposes the prayer for condoning the delay.

5. In view of the fact, that the learned counsel for the respondent No.1 Page No.# 3/3

has not opposed the prayer for condoning the delay as well as in view of the fact that the grounds shown in the application by the applicant for approaching this Court beyond the prescribed period of limitation, he is found to be sufficient ground, the delay of 263 days in preferring the connected MAC Appeal is hereby condoned and this Interlocutory Application is accordingly, allowed.

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

7. This Interlocutory Application is accordingly, disposed of.

JUDGE

Comparing Assistant