Gauhati High Court
Page No.# 1/4 vs Muntaj Ali And Anr on 24 October, 2025
Page No.# 1/4
GAHC010147172024
2025:GAU-AS:14124
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2324/2024
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON
STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD,
BHANGAGARH, GUWAHATI
VERSUS
MUNTAJ ALI AND ANR
S/O DULU MIAH,
RESIDENT OF VILLAGE KATAJHAR PATHAR, PS AND DIST BARPETA,
ASSAM 781301
2:LUCHAB ALI
S/O MOMEN ALI
RESIDENT OF VILLAGE KATHAJHAR PATHAR
PS AND DIST BARPETA
ASSAM 78130
Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR
Advocate for the Respondent : MS. S P DAS (R-1),
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 24.10.2025
Heard Ms. P. Borthakur, learned counsel appearing for the
applicants. Also heard Ms. S. P. Das, learned counsel appearing for the
respondent No. 1.
Though the office note dated 17.10.2025 indicates that service
in respect of respondent No. 2 has been complete, however, there is
no representation on behalf of the respondent No. 2 today on call.
The present application is filed under Section 5 of the
Limitation Act, 1963 for condoning the delay of 68 days in preferring
the connected appeal under Section 30 of the Employee's
Compensation Act, 1923 against the judgment and order dated
29.01.2024 passed by the learned Commissioner for Employee's
Compensation, Barpeta in E. C. Case No. 183/2022.
The grounds of the delay as pleaded in the condonation
application reads as under:-
"2. That as the Judgment and Order was passed on
29.01.2024 the last date for filing the appeal is. But since
appeal has been filed on 06.06.2024 there has been a delay
of 68 (sixty eight) days in filing this appeal. It is stated that
the dealing advocate at Barpeta gave his legal opinion dated
18.03.2024 on the Judgment and Order dated 29.01.2024
passed by the Commissioner for Employees Compensation at
Barpeta to the Bongaigaon Divisional Office. The Bongaigaon
Divisional Office after due processing of the file forwarded
the same to the Regional Office at Guwahati on 26.04.2024
which was received by the Guwahati Office on 30.04.2024.
The file was then given to the panel Advocate of the
Company on 06.05.2024 for a vetting of the opinion of the
dealing advocate at Barpeta. The panel advocate gave his
Page No.# 3/4
opinion in favour of filing an appeal on 18.05.2024 and
accordingly the file was given to the Counsel on 27.05.2024.
Although the appeal was filed on 06.06.2024 a delay of 68
days occurred in filing the appeal which was unintentional,
for a sufficient cause and beyond the control of the Applicant.
3. That the applicant/appellant respectfully states that the
applicant has good grounds for appeal considering the fact
that the Judgment and the Order dated 29.01.2024 passed
without application of mind. The vehicle is a Transport vehicle
and the requirement of law is that the driver must have an
endorsement for driving Transport vehicles and therefore the
owner of the vehicle ought not to have been exonerated for
failure to ensure that the vehicle was being driven by a person
holding a valid driving licence.
4. That the applicant respectfully states that the
applicant/appellant by virtue of being an Insurer is in the
position of a trustee as it is holding public money for payment
of compensation to the proper and genuine claimants.
Therefore, if this delay, which was not due to any negligence
but due to sufficient cause, is not condoned, it will cause
substantial loss of public money and also cause irreparable
loss and injury to the applicant/appellant."
Ms. S. P. Das, learned counsel appearing for the respondent
No. 1 does not oppose to the prayer for condonation.
Upon hearing the parties and perusal of the aforesaid grounds
as extracted hereinabove, this court finds that the grounds for
condoning the delay of 68 days that has occurred in filing the
connected appeal are sufficient and bona fide.
Accordingly, in the interest of justice, the delay of 68 days
stands condoned.
Hence, the Interlocutory Application stands allowed and
disposed of.
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In view of the above, let the connected MFA/6468/2024 (Filing
Number) and I.A.(Civil)/8264/2024 (Filing Number) be registered and
listed accordingly.
JUDGE
Comparing Assistant
