United India Insurance Co. Ltd vs Gautam Munda And 3 Ors
2025 Latest Caselaw 8210 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Gautam Munda And 3 Ors on 31 October, 2025

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GAHC010046662024




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

                        Case No. : I.A.(Civil)/1008/2024

         UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI, TAMIL
         NADU AND ONE OF THE REGIONAL OFFICE AT CHRISTIAN BASTI, GS
         ROAD, GUWAHATI 07, AND ON ITS BRANCH OFICE AT TEZPUR



         VERSUS

         GAUTAM MUNDA AND 3 ORS
         S/O LATE SUBAS MUNDA,
         RESIDENT OF AKABASTI MIRI, PS CHARIDUAR, PO SILONI, DIST
         SONITPUR,ASSAM 784101

         2:MISS JARINA MUNDA
          D/O LATE SUBAS MUNDA

         RESIDENT OF AKABASTI MIRI
         PS CHARIDUAR
         PO SILONI
         DIST SONITPUR
         ASSAM 784101

         3:LAXMI MUNDA
          S/O LATE SUBAS MUNDA

         RESIDENT OF AKABASTI MIRI
         PS CHARIDUAR
         PO SILONI
         DIST SONITPUR
         ASSAM 784101

         4:MD. ALI HUSSAIN
          S/O MANCHUR ALI
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             RESIDENT OF SONAPUR BLOCK
             PS AND PO BIHUPURIA
             DIST NORTH LAKHIMPUR
             ASSA

Advocate for the Petitioner   : MR. R K BHATRA, MS P HUJURI,MR. A SAIKIA,N DHAR

Advocate for the Respondent : ,




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

31.10.2025

Heard Ms. A. Biyani, learned counsel for the applicant.

2. This application under the Second Proviso to Section 173 (1) of M. V. Act, read with Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 95 days in preferring the connected appeal against the judgment and award dated 28.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 32/2019.

3. Ms. Biyani, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 3 to 7 of the delay condonation petition.

4. 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 time. The respondents, despite having receipt of the notice, have not appeared today. Therefore, it is presumed that they have no objection to the condonation of delay.

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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 95 days in preferring the connected appeal stands condoned.

6. The Registry is directed to register the connected Appeal and list the same for admission hearing in its usual course.

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

JUDGE

Comparing Assistant