Gauhati High Court
I.A.(Civil)/600/2026 of PRANITA RAY @ PRANITA RAY KALITA AND 2 ORS Vs UNITED INDIA INSURANCE COMPANY LIMITED AND 2 ORS on 14 June 2026
GAHC010031232026 2026:GAU-AS:8458 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/600/2026 PRANITA RAY @ PRANITA RAY KALITA AND 2 ORS W/O LATE CHITARANJAN RAY, R/O VILL- DAMRA, P.S.- DUDHNAI, DIST- GOALPARA (ASSAM) 2: HIRAMONI RAY D/O
GAHC010031232026
2026:GAU-AS:8458
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/600/2026
PRANITA RAY @ PRANITA RAY KALITA AND 2 ORS
W/O LATE CHITARANJAN RAY, R/O VILL- DAMRA, P.S.- DUDHNAI, DIST- GOALPARA (ASSAM)
2: HIRAMONI RAY
D/O LATE CHITARANJAN RAY
R/O VILL- DAMRA
P.S.- DUDHNAI
DIST- GOALPARA (ASSAM)
3: SADANANDA RAY
S/O LATE CHITARANJAN RAY
R/O VILL- DAMRA
P.S.- DUDHNAI
DIST- GOALPARA (ASSAM
VERSUS
UNITED INDIA INSURANCE COMPANY LIMITED AND 2 ORS
REGIONAL OFFICE, GUWAHATI, G.S. ROAD, CHRISTIAN BASTI, P.O.- GUWAHATI-781005 (ASSAM)
2:SAIDUL ISLAM
S/O GOLJAR HUSSAIN
VILL- RAKHYSHINI PART-I
P.O.- MORNAI
DIST- GOALPARA (ASSAM)
3:JELLAL HUSSAIN
S/O OLI MAMUD
VILL- AMBARI BAZAR
P.O.- BAGUAN
DIST- GOALPARA (ASSAM
Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA
Advocate for the Respondent : ,
Linked Case : RP(FAM.CT.)/0/0
PRANITA RAY ALIAS PRANITA RAY KALITA AND ORS
ASSAN
VERSUS
THE UNITED INDIA INSURANCE COMPANY LIMTED AND ORS
ASSAMN
------------
Advocate for : ATMA RAM AGARWALA
Advocate for : appearing for THE UNITED INDIA INSURANCE COMPANY
LIMTED AND ORS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 15.06.2026 Heard Mr. A. R. Agarwala, learned counsel appearing for the applicant. None appears for the respondent No. 1/Insurance Company on call.
2. By way of the present interlocutory application filed under Section 5 of the Limitation Act, 1963, the applicant seeks condonation of a delay of 6 days in preferring the connected appeal against the judgment and order dated 03.11.2025 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara, in MAC Case No. 172/2020.
3. The grounds of delay are explained as under: - “3. That the petitioner state that the Judgment and Award was passed on 03-11-2025, but she could apply for the certified copy of the same on 29-01-2026. The said certified copy was made ready for delivery on 06-02-2026 and was delivered on 06-02-2026. The petitioner came to know about passing of the judgment on 09.01.26 and went to meet the lower Court counsel for consultation on 29.01.26 after 'Independence Day' and 'Bathou Puja' Holiday and applied for certified copies and necessary folios were notified on 29.01.2026 and supplied immediately on 29.01.2026 itself, but the office concern told that it will take some time to become ready of the certified copies and hence the petitioner returned home and enquired over phone to the lower court counsel and he informed on 09.02.2026 that the certified copies were ready on 06.02.2026 and after receiving the information the petitioner went on 10.02.2026 and got the certified copies and the lower court counsel apprises the petitioner about the relevant Judgment & award and asked her to consult High Court counsel and the petitioner took the certified copies and decided to meet the High Court counsel as per instruction of the Lower Court counsel.
4. That after getting the certified copy the petitioner decided to meet the High Court counsel on 11.02.2026 and handed over him the certified copy and the High Court counsel after going through the judgment opined that there are good grounds for appeal and took signature of the petitioner on various appeal related documents and this con donation of delay petition and took some time to prepare the appeal and filed it on 16.02.2026.”
4. Having heard the learned counsel for the applicant and upon perusal of the averments made in the application, this Court is satisfied that the delay has been adequately explained and that sufficient cause has been shown for not filing the appeal within the prescribed period.
5. Accordingly, the delay of 6 days in filing the appeal stands condoned.
6. The interlocutory application is allowed.
7. Let the appeal be registered and numbered.
JUDGE Comparing Assistant