Page No.# 1/3 GAHC010205182022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3199/2022 PRAFULLA DUTTA S/O NIRMAL DUTTA, R/O BISHNUPUR KONCH PO/PS- DHEMAJI, VERSUS THE NATIONAL INSURANCE COM LTD. AND 2 ORS. R/O PRAKASH MANAPPELLANT, 2ND FLOOR, GS ROAD, BHANGAGARH, GAUHATI PIN- 781005. Advocate for the Petitioner : B R DAS, MS M BHARATI Advocate for the Respondent : , In MACApp. Case No. 12181/2022 With MACApp. Case No. 12181/2022 (filing number) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Page No.# 2/3 ORDER 22.05.2026 [1] Heard Mr. B.R. Das, the learned counsel appearing for the applicant. Also heard Mr. A. Bhattacharyya, the learned counsel appearing on behalf of Mr. T. Kalita, learned counsel for the respondents/insurance company. [2] This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant/claimant for condonation of delay of 121 days in filing the connected MACAppeal, whereby, the judgment and award dated 08.10.2021, passed by the Motor Accident Claims Tribunal, Dhemaji in MAC Case No. 25/2018 has been impugned. [3] The learned counsel appearing for the applicant has submitted that the applicant has stated the grounds for delay in preferring the connected appeal in paragraph Nos. 4 to 14 of this instant interlocutory application. [4] Considering the grounds stated in the application, the learned counsel for the respondents/insurance company does not oppose the said prayer. [5] After considering the grounds stated by the applicant in the instant interlocutory application, this court is of the considered opinion that the cause shown by the applicant may be regarded as sufficient cause Page No.# 3/3 which has prevented him from preferring the connected appeal within the prescribed period of limitation. [6] Accordingly, the delay of 121 days in preferring the connected MACAppeal is hereby condoned and this interlocutory application is allowed. [7] The Registry is directed to register the connected appeal and list the same for admission after 2(two) weeks, on a date to be fixed by the Registry. JUDGE Comparing Assistant