Gauhati High Court
Page No.# 1/4 vs Oriental Insurance Company Ltd And 2 Ors on 24 October, 2025
Page No.# 1/4
GAHC010287972023
2025:GAU-AS:14126
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/104/2024
RAHUL MANDAL
S/O ABDUS SAMAD MANDAL,
VILL.- PODDARBHITA, MEDERTARI- 783330, P.O.- MEDERTARI, P.S.-
FAKIRGANJ, DIST.- DHUBRI.
VERSUS
ORIENTAL INSURANCE COMPANY LTD AND 2 ORS.
REGIONAL OFFICE, G.S. ROAD, ULUBARI, P.O.- GUWAHATI- 781007, DIST.-
KAMRUP (M) (ASSAM).
2:KARUNA KANTA RABHA
S/O P. CH. RABHA
VILL.- DABILI
P.O.- LELA- 783124
P.S.- DUDHNAI
DIST.- GOALPARA (ASSAM).
3:SUNIL MANDAL
S/O SANJIBAN MANDAL
H. NO. 47
RATHKALA
FATASIL AMBARI
P.O.- GUWAHATI- 781035 (ASSAM)
Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA
Advocate for the Respondent : MS. R D MOZUMDAR(R-1), MR. S P SHARMA(R-1),MS. C
MOZUMDAR(R-1)
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 24.10.2025
Heard Mr. A. R. Agarwala, learned counsel appearing for the
applicant. Also heard Mr. S. P. Sharma, learned counsel appearing for
the respondent No. 1.
The is an application under Section 5 of the Limitation Act,
1963 for condoning the delay of 45 days in preferring the connected
appeal against the judgment and order dated 19.07.2023 passed by
the learned Member Motor Accident Claims Tribunal, Goalpara in MAC
Case No. 294/2021.
The grounds of the delay as pleaded in the condonation
application reads as under:-
"3. That the petitioner state that the Judgment and Award
was passed on 19-07-2023, the lower court counsel applied
for the certified copy of the same on 03-11-2023 and the date
fixed for notifying the requisite number of stamps and folios
on 18.11.2023 and the requisite folios were supplied on
29.11.2023 and the copy was made ready for delivery on
29-11-2023 and was delivered on 04-12-2023. But the lower
court counsel informed the passing of the judgment only on
12.09.2023 and the petitioner went to meet the lower Court
counsel for consultation 21.09.23 the lower court counsel
was absent and went outside for other court works and the
petitioner came back home the petitioner went on 18.10.23
but found that the lower court Lawyer has gone for long
vacation of High 'Durga Puja, Lakhi Puja' etc. and the
petitioner again went on 03.11.2023 and applied for the
certified copy and the required number of folios & stamps
were notified on 18.11.2023 but supplied on 29.11.2023 and
Page No.# 3/4
the certified copy was received on 04.12.2023 and as per
advice of the lower court counsel the petitioner went on
04.12.2023 and handed over him the certified copies. But the
High Court Lawyer asked the petitioner to come on
07.12.2023. The petitioner again met the High Court Lawyer
on 07.12.2023 and the High Court counsel opined the
Petitioner that there are good grounds for appeal and the
asked the petitioner to come on 15.12.2023 for signature etc.
and accordingly the petitioner went on 15.12.2023 and got
the appeal prepared and signed on various papers related
with the Appeal and this petition for condo nation of and it is
filed on 18.12.2023.
4. That the Appeal ought to have been filed at any earlier
point of time, but the same has been filed on 18-12-2023,
and there is a delay of 45 days in filing the Appeal. Hence,
this application for condonation of delay.
5. That the petitioner is a illiterate / rustic villager and she
practically don't know all these legal aspects such as filing
time period of Appeal etc and moreover because of her
financial constraint he could not meet the Lower Court/High
Court Lawyers frequently for discussion about the matters
pertaining to the case and this delay was not intentional but
though the petitioner tried her level best for discussion and to
get the appeal prepared but he failed in spite of his efforts
and thus the delay was not intentional.
Mr. S. P. Sharma, 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 45 days that has occurred in filing the
connected appeal are sufficient and bona fide.
Accordingly, in the interest of justice, the delay of 45 days
stands condoned.
Hence, the Interlocutory Application stands allowed and
Page No.# 4/4
disposed of.
In view of the above, let the connected MACApp/15594/2023
(Filing Number) be registered and listed accordingly.
JUDGE
Comparing Assistant
