Page No.# 1/2 vs National Insurance Company Ltd And 2 Ors
2025 Latest Caselaw 8219 Gua

Gauhati High Court

Page No.# 1/2 vs National Insurance Company Ltd And 2 Ors on 31 October, 2025

                                                                      Page No.# 1/2

GAHC010239312023




                                                               2025:GAU-AS:14659

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

                            Case No. : I.A.(Civil)/3481/2023

           SARALA DAS
           W/O LATE BHARAT DAS,
           VILL.- NO. 2, BURBHANDHA,
           P.S.- ULUANI- 782640,
           DIST.- NAGAON (ASSAM).

           VERSUS

           NATIONAL INSURANCE COMPANY LTD AND 2 ORS.
           REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, P.O.-
           GUWAHATI- 78105, DIST.- KAMRUP (M) (ASSAM).

           2:MD. HABIBUR RAHMAN S/O LATE MAINUDDIN
           VILL. AND P.O.- FAKULI PATHAR
            P.S.- JURIA 782124 DIST.- NAGAON (ASSAM).

           3:KARUNA BORAH S/O LATE RAJEN BORAH
           VILL.- SUTAR KOTAIPAR P.O.- BARANGATOLI- 782141
            DIST.- NAGAON (ASSAM)

Advocate for the Petitioner : MR. A R AGARWALA, MD. K ALI
Advocate for the Respondent : ,


                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                       ORDER

Date : 31.10.2025

Heard Mr. A. R. Agarwala, learned counsel for the applicant. Also heard Ms. A. Biyani, learned counsel for the Opposite Party No. 1.

Page No.# 2/2

This is an application under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 501 days in preferring the connected appeal.

The reasons for delay in not filing the connected appeal within the stipulated time, have been explained by the applicant in paragraph Nos. 3, 4 & 5, of this application.

Upon hearing the learned counsels appearing for the parties and on perusal of the explanation given in the above-noted paragraphs as well as taking into account that similar order has been passed by the co-ordinate Bench of this Court condoning the delay of 501 days in an analogous application being IA(c)3225/2023 against the impugned judgment & order, dated 06.07.2021, passed by the learned Member, Motor Accident Claim Tribunal No. 1, Kamrup(M), Guwahati, in MAC Case No. 1848/2017; this Court is satisfied that the applicant has been able to show sufficient cause in not preferring the connected appeal within the stipulated time.

In view of the above; the delay of 501 days in preferring the connected appeal, deserves to be condoned. It is hereby, accordingly, condoned.

The interlocutory application stands allowed and accordingly, stands disposed of.

Registry shall register the connected appeal and list it for admission in due course by reflecting the names of Mr. R. K. Bhatra, learned counsel, and his associates, as appearing on behalf of the respondent No. 1 in the Cause List, henceforth.

JUDGE

Comparing Assistant