Page No.# 1/3 vs The Divisional Manager Future Generali ...
2025 Latest Caselaw 8146 Gua

Gauhati High Court

Page No.# 1/3 vs The Divisional Manager Future Generali ... on 29 October, 2025

                                                                         Page No.# 1/3

GAHC010221942018




                                                                   2025:GAU-AS:14457

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

                                Case No. : I.A.(Civil)/3578/2018

            SMTI ADITI ROY AND ANR
            W/O SRI GAJEN CH. ROY RESIDENT OF VILL AND PO LALABORI, PS
            MORNOI, DIST GOALPARA, ASSAM

            2: SRI GAJEN CH. ROY
             S/O LATE GOPAL CH. ROY
            RESIDENT OF VILL AND PO LALABORI
             PS MORNOI
             DIST GOALPARA
            ASSA

            VERSUS

            THE DIVISIONAL MANAGER FUTURE GENERALI INDIA INSURANCE CO.
            LTD AND 2 ORS
            CHIRISTAIN BASTI , GS ROAD, GUWAHATI 781005, ASSAM

            2:ZAKIR HUSSAIN
             S/O HAIDAR ALI
            RESIDENT OF CLASSIC ENCLAVE FLAT 4C
             MRD ROAD
             NEW GUWAHATI PO NEW GUWAHATI
             DIST KAMRUP
            ASSAM

            3:AMINUDDIN HAZARIKA
             S/O MAINUDDIN HAZARIKA
            RESIDENT OF VILL NO 1 JALAH
             PO AND PS CHANGSARI
             DIST KARMUP R ASSA

Advocate for the Petitioner   : MR H DAS, MS. U HAZARIKA,MR. B C DEKA

Advocate for the Respondent : MR. K BHATTACHARJEE, MR. K BHATTACHARJEE,MS B
                                                                       Page No.# 2/3

TALUKDAR,MS B TALUKDAR,MR. M HAQUE,MS B KASSHYAP,MR. B KAKATI,MR. U K
DUTTA,MR. A J SAIKIA




                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                    ORDER

29.10.2025

Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. A. J. Saikia, learned counsel for the respondent No.1 and Mr. A. Ahmed, learned counsel appearing on behalf of Mr. K. Bhattacharjee, learned counsel for the respondent No. 2.

2. This application under Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 297 days in preferring the connected appeal against the judgment and order dated 18.08.2017 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 89/2015.

3. Mr. Das, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 3 and 4 of the delay condonation petition.

4. Upon considering the explanations provided in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the stipulated period. Moreover, the respondents have raised no objection to the condonation of delay.

5. In view of the above, and in the interest of justice, the interlocutory application for condonation of delay is hereby allowed. Accordingly, the delay of Page No.# 3/3

297 days in preferring the connected appeal stands condoned.

6. The Interlocutory Application stands disposed of in terms above.

JUDGE

Comparing Assistant