GAHC010065742024 2025:GAU-AS:14730

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/980/2024

NEW INDIA ASSURANCE COMPANY LTD.

HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,

FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR NEAR HANUMAN G.S. ROAD, GUWAHATI- 781007.

VERSUS

RASHMIREKHA SHARANIYA @ SARANIA @ DAS AND 3 ORS.

W/O LATE NAYANJIT SARANIA @ SHARANIYA,

VILL.- CHUTIAPARA, P.S.- MUSHALPUR, DIST.- BAKSA, BTAD, ASSAM,

PIN- 781372.

2:ANKUR SARANIA @ DAS

S/O LATE NAYANJIT SARANIA @ SHARANIYA

VILL.- CHUTIAPARA

P.S.- MUSHALPUR

DIST.- BAKSA

BTAD

ASSAM

PIN- 781372.

3:ANJAN SARANIA

W/O LATE NAYANJIT SARANIA @ SHARANIYA

VILL.- CHUTIAPARA

P.S.- MUSHALPUR

DIST.- BAKSA

BTAD

ASSAM

PIN- 781372.

4:RAMA KT. BARMAN S/O LATE HARO KT @ HARKANTA BARMAN VILL.- ARARA P.S.- NALBARI DIST.- NALBARI ASSAM PIN Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 31.10.2025 Heard Ms. P. Borthakur, learned counsel appearing for the applicant. None appears for the respondents on call.

2] Pertinent that on the last occasion, i.e., 11.08.2025 as well, despite service being completed there was no representation on behalf of the respondents for which the matter was posted today. Considering consecutive non-representation on behalf of the respondents, the instant interlocutory application is taken up for final disposal.

3] By way of this application under Section 5 of the Limitation Act, 1963 read with proviso to Section 173 of the M.V. Act, 1988 as amended, the applicant is seeking condonation of delay of 9 (nine)

days in filing the connected MAC Appeal.

4] The ground of delay is stated as under: -

“2. Learned That as the Judgment and Award was passed on 11.12.2023 the last date for filing the appeal is

11.03.2024. But, since appeal has been filed on 20.03.2024, there has been a delay of 9 (nine) days in filing this appeal. It is stated that the Judgment and Award dated 11.12.2023 passed by the Member was forwarded to the Regional Office vide his letter dated 09.01.2024 along with his opinion. The competent authority at the Regional Office after processing gave its approval for filing an appeal on 18.01.2024. The file was given to the engaged advocate for filing the appeal and the cheque dated 30.01.2024 was given to the advocate on 05.02.2024. But unfortunately there was some delay on the part of the advocate owing to health issues of his family could not attend to the file immediately as a result of which the file went out of sight for sometime. However in the process a delay of 9 (nine) days have occurred which was purely unintended and accidental in nature insofar as the Appellant is concerned because the Appellant had on its part had even handed over the cheque dated 30.01.2024 to the advocate. But by the appeal could be filed a delay of 9 (nine)

days have occurred.

3. That the applicant/appellant respectfully states that the applicant has good grounds for appeal considering the fact that the applicant /appellant respectfully states that the Learned Member ought to have considered the circular issued by the State Government dated 14.09.2017 in respect of the scheme for Compassionate Family Pension Scheme (CFP) while assessing the loss of dependency which had ultimately resulted in excessive compensation to the claimants. The death of the husband of the claimant(R1) who was admittedly an employee of Government of Assam has occurred on 28.12.2018 i.e after the date when the Scheme becomes applicable to the state of Assam. Hence the claimants are eligible for the benefits under the scheme. As per the CFP scheme the claimants would receive 100% of the last drawn pay instead of 50% as applicable under a normal pension scheme. Since the entire foundation of compensation is basically aimed at mitigating the financial loss suffered by the family of the victim the instant case whe