Authority: Gauhati High Court (Kohima Bench)

Order Date: 05.11.2026

Case Overview

  • Parties: Oriental Insurance Co. Ltd. (Applicant) vs. Shri Manohar Singh and 2 others (Respondents).
  • Nature of Proceeding: Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing an appeal against a Motor Accident Claims Tribunal (MAC) award.
  • Award Details: MAC, Tuensang, Case No. 22/2009 awarded Rs 14,45,068 with interest at 7.5% per annum from 24‑Jul‑2019; payment required within 30 days of award.
  • Judgment Date: 24‑Jul‑2023; appeal period of 90 days expired on 22‑Oct‑2023.
  • **Timeline of Events:
  • Judgment received by Oriental Insurance’s Dimapur Divisional Office on 28‑Sep‑2023.
  • File forwarded to Regional Office, Guwahati.
  • Instruction to empaneled counsel to file appeal sent on 08‑Nov‑2023.
  • No action taken; reminder sent on 04‑Nov‑2025 after execution notices dated 03‑Oct‑2024, 23‑Jan‑2025, 06‑May‑2025, 04‑Oct‑2025.
  • New counsel appointed on 27‑Jan‑2026; hard copy of file obtained on 29‑Jan‑2026.
  • Appeal prepared and filed on 02‑Mar‑2026 (delay of 952 days claimed by applicant; respondent calculates 954 days, noting 3 days unexplained).
  • Counsel Submissions: Applicant’s counsel argued no willful negligence, cited good faith, and reliance on Supreme Court case Rafiq & Another vs. Munshilal (1981) and a prior High Court order (09‑Aug‑2022). Respondent’s counsel highlighted lack of explanation, internal lethargy, and cited multiple precedents (e.g., State of Assam v. Gita Rani Kalita 2017 GLT 1190, ICICI Lombard v. Rup Nath Brahma Choudhury (2017) 2 SCC 2 GLT 487, Postmaster General v. Living Media (2012) 3 SCC 563, among others).
  • Observations: Court noted that internal administrative delays cannot constitute sufficient cause; emphasized Supreme Court pronouncements that government bodies must show diligent effort.

Final Outcome

  • The Court found no sufficient cause for the 949/952‑day delay, characterized the lapse as lethargy, and rejected the condonation application.
  • The application is disposed of and the appeal is not permitted.

Topics: Condensation of Delay, Motor Accident Claims