Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 22 June 2026
Case Overview
- Parties: Applicant Priom Choudhury (resident of Cachar, Assam) vs. M/S. Oriental Insurance Co. Ltd (represented by Divisional Manager).
- Nature: Interlocutory application seeking re‑admission of MAC Appeal No. 40/2012, originally dismissed for default on 23 July 2018.
- Background: Appeal challenged Motor Accident Claims Tribunal judgment dated 03 June 2011; default occurred because engaged counsel failed to appear. Applicant suffers physical disability and financial crisis.
- Submissions: Applicant argued that a poor litigant should not be penalised for lawyer’s negligence, citing Binod Barua v. Ratul Chandra Goswami (1987 AIR Gau 7). Respondent opposed re‑admission and sought undertaking that applicant would not claim interest from 2008 to appeal filing.
Final Outcome
- Court allowed re‑admission of MAC Appeal No. 40/2012, directing Registry to list the appeal for admission on 29 July 2026.
- Court held that the question of interest on enhanced compensation is premature and may be raised by the insurer at the appropriate stage of the appeal.
- The interlocutory application is disposed; applicant to furnish copy of memo of appeal to respondent’s counsel.
Topics: Legal Proceedings, Insurance Claim