Page No.# 1/3 vs Birinchi Bhuyan And 2 Ors
2025 Latest Caselaw 7082 Gua

Gauhati High Court

Page No.# 1/3 vs Birinchi Bhuyan And 2 Ors on 8 September, 2025

                                                                         Page No.# 1/3

GAHC010119162025




                                                                   2025:GAU-AS:12151

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

                                Case No. : I.A.(Civil)/1999/2025

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
            STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
            ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER,
            GUWAHATI REGIONAL OFFICE.

            VERSUS

            BIRINCHI BHUYAN AND 2 ORS
            S/O/ LT. RATNESWAR BHUYAN, R/O. VILL.- MIKIRBORACHUK, P/O.
            MIKIRBOROCHUK, P/S. GOHPUR, DIST. BISWANATH, ASSAM, PIN-784178.

            2:YASKE ALAM
             S/O. ABDUL HUSSAIN
             R/O. NALINIBARI
            TETUNBARI
             P/O. DAFFLAGARH
             P/S. GOHPUR
             DIST. BISWANATH
            ASSAM
             PIN-784171.

            3:MATILAL KISHAN
             S/O. SRI KITAL KISHAN
             R/O. GAHPUR TEA ESTATE
             P/O. GOHPUR
             P/S. GOHPUR
             DIST. BISWANATH
            ASSAM
             PIN-784168

Advocate for the Petitioner   : MR T KALITA,

Advocate for the Respondent : MR P NEOG (R-1),
                                                                      Page No.# 2/3




           Linked Case : RP(FAM.CT.)/0/0

           NATIONAL INSURANCE COMPANY LTD
           GUWAHATI

            VERSUS

           BIRINCHI BHUYAN AND ORS
           ASSAM
           ------------
           Advocate for : Tridib Kalita
           Advocate for : appearing for BIRINCHI BHUYAN AND ORS



                                    BEFORE
                     HON'BLE MRS. JUSTICE MITALI THAKURIA


                                           ORDER

Date : 08.09.2025.

Heard Mr. T. Kalita, learned counsel for the applicant/appellant. Also heard Ms. R. Sahin, learned counsel appearing on behalf of Mr. P. Neog, learned engaged counsel for the respondent No.1/claimant.

This case was identified for sending before Mediation. However, it is submitted by the learned counsel for the applicant that the case is not yet registered as there was a petition for condonation of delay is still pending, which is filed under Section 5 of the Limitation Act, 1963 read with Section 173 of the M.V. Act, for condoning the delay of ten (10) days, in filling the connected MAC Appeal against the judgment and order dated 10.02.2025, passed by the learned Member, MACT, Biswanath at Biswanath Chariali in MAC Case No.37/2018.

Page No.# 3/3

It is submitted by Mr. T. Kalita, learned counsel for the applicant that for observation of some official formalities, there was a delay of ten (10) days, in preferring the connected MAC Appeal. There is no laches or negligence on the part of the applicant/appellant in preferring the appeal with 10 days delay.

In that context, Ms. R. Sahin, learned counsel appearing for the respondent No.1 has no objection if the delay is condoned and the appeal is accordingly registered.

Hearing the submissions made by learned counsel for the sides, I have also perused the case record and it is seen that the delay is well explained in para Nos. 3, 4 & 5 of the petition, wherefrom it is seen that there is delay of ten (10) days only for observing some official formalities, in preferring the connected MAC Appeal.

In view of this, the present Interlocutory Application is allowed condoning the delay of ten (10) days in preferring the connected MAC Appeal.

The Registry will do the needful in registering and numbering the Appeal.

This Interlocutory Application stands allowed and disposed of.

JUDGE

Comparing Assistant