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2023 DAILYLAW 1669 (GAU)

MUNMI LASKAR AND ANR. v. NEW INDIA ASSURANCE COMPANY LTD AND 4 ORS.

I.A.(Civil)/3167/2023 · 2026-03-10

Sanjeev Kumar Sharma

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Judgment text

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Page No.# 1/4 GAHC010226372023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3167/2023 MUNMI LASKAR AND ANR. W/O LATE NIKU LASKAR, VILL.- PACHANIJAR, P.S.- KAMPUR, DIST.- NAGAON (ASSAM). 2: DULU LASKAR W/O DIPEN @ D.W.IPEN LASKAR VILL.- PACHANIJAR P.S.- KAMPUR DIST.- NAGAON (ASSAM) VERSUS NEW INDIA ASSURANCE COMPANY LTD AND 4 ORS. REP. BY ITS REGIONAL MANAGER G.S. RAOD, ULUBARI P.O.- GUWAHATI- 78107 DIST.- KAMRUP (M) (ASSAM). 2:GOBIN KAKATI S/O LT. INDRA MOHAN KAKATI VILL.- PUB SALMARA P.O.- PHULAGURI- 782103 P.S.- RAHA DIST.- NAGAON (ASSAM). 3:BINOD CH. DAS S/O BHADRA KANTA DAS VILL.- BIRAH BEBEJIA P.S. SADAR NAGAON DIST.- NAGAON (ASSAM) PIN- 782142. 4:TATA AIG INS. COMPANY LTD MAYUR GARDEN 3RD FLOOR BHANGAGARH G.S. ROAD GUWAHATI- 781005. 5:MOIDUL ISLAM Page No.# 2/4 S/O LATE S. ALI VILL.- DIGHALI ATI P.S. RAHA- 782103 DIST.- NAGAON (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, MD. K ALI Advocate for the Respondent : MR. R C PAUL (r-1), MR. K K BHATTA (R-4) Linked Case : I.A.(Civil)/2481/2025 MUNMI LASKAR W/O LATE NIKU LASKAR VILL.- PACHANIJAR P.S.- KAMPUR DIST.- NAGAON (ASSAM). 2: DULU LASKAR W/O DIPEN ALIAS DIPEN LASKAR RESIDENT OF VILL.- PACHANIJAR P.S.- KAMPUR DIST.- NAGAON (ASSAM). VERSUS NEW INDIA ASSURANCE CO LTD REP. BY ITS REGIONAL MANAGER G.S. RAOD ULUBARI P.O.- GUWAHATI- 78107 DIST.- KAMRUP (M) (ASSAM). ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. R C PAUL appearing for NEW INDIA ASSURANCE CO LTD Linked Case : MUNMI LASKAR AND ANR VERSUS NEW INDIA ASSURANCE COMPANY LTD. AND 4 ORS. B Page No.# 3/4 ------------ Advocate for : MR. A R AGARWALA Advocate for : appearing for NEW INDIA ASSURANCE COMPANY LTD. AND 4 ORS. B BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.03.2026 Heard Mr. A.R. Agarwala, learned counsel for applicant/ appellant and Mr. R.C. Paul, learned counsel for the respondent No.1 as well Mr. K.K. Bhatta, learned counsel for the respondent No. 4. This I.A. has been filed under Section 5 of the Limitation Act, 1963 seeking condoning the delay of 225 days in preferring the connected appeal against the impugned judgment and order dated 19.11.2022, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No.2139 of 2018. No objection has been filed in the instant application. Learned counsel for the respondent No. 1 submits that the delay may be condoned. On perusal of the reasons of delay as stated in the instant application supported by an affidavit, I am of the view that the applicant/ appellant was prevented by sufficient causes in approaching the court within the period of limitation to prefer the connected appeal. Having regard to the statement made in the instant application as well as in absence of the objection, the delay of 225 days is condoned. The I.A. stands disposed of. Page No.# 4/4 The Registry is directed to register the connected appeal and list the appeal accordingly, showing the names of Mr. R.C. Paul, as learned counsel for the respondent No. 1 and Mr. K.K. Bhatta, learned counsel for the respondent No.4. JUDGE Comparing Assistant