Page No.# 1/4 GAHC010270722023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3788/2023 NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA 700071 AND ONE OF THE REGIONAL OFFICES AT M.S.S. PATH, BHANGAGARH, GUWAHATI 781005 VERSUS MITHUN BANIK AND 2 ORS. S/O LATE PARIMAL BANIK, RESIDENT OF SONARIBALI, PS SAMAGURI, DIST NAGAON, ASSAM, 782140 2:SRI MANAJIT BARMAN S/O ANUKUL BARMAN RESIDENT OF SIMALTALA PS JHARGAON DIST. MORIGAON ASSAM 782411 3:MD. TAFIQUE ALI S/O LATE NUR MAHAMMAD RESIDENT OF DHIRENPARA. PS FATASHIL AMBARI GUWAHATI DIST KAMRUP M ASSAM 78102 Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA,MR. S. PEGU Advocate for the Respondent : MR D MONDAL(R-1), Page No.# 2/4 Linked Case : NATIONAL INSURANCE COMPANY LTD VERSUS MITHUN BANIK AND 2 ORS. A ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for MITHUN BANIK AND 2 ORS. A Linked Case : NATIONAL INSURANCE COMPANY LTD VERSUS MITHUN BANIK AND 2 ORS. A ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for MITHUN BANIK AND 2 ORS. A BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.03.2026 1. Heard Mr. S. Pegu, the learned counsel for the appellant. Also heard Mr. D. Mondal, the learned counsel for the respondent No.1/claimant. Page No.# 3/4 2. It appears from the records that notice to the respondent No. 3 has not been served. 3. However, considering the fact that this Interlocutory application is only for condoning the delay in preferring the connected appeal and the claimant is not opposing the condonation of delay, the notice to the respondent Nos. 2 and 3 are waived. 4. This application under Section 5 of the Limitation Act, 1963, has been filed by the National Insurance Company Limited praying for condonation of delay of 99 days in preferring the MAC Appeal whereby it has impugned the judgment and award dated 23.05.2023 passed by the Motor Accident Claims Tribunal No. 1, Kamrup (Metro) Guwahati in MAC Case No. 413/2017. 5. I have gone through the grounds stated in the instant Interlocutory Application showing reason for delay in approaching this Court in preferring the connected appeal within the prescribed period of limitation. 6. Mr. D. Mondal, the learned counsel for the claimant has not opposed the prayer for dondonation of delay 7. Considering the submissions made by the learned counsel as well as considering the grounds stated in the instant application has sufficient grounds, which prevented the applicant in approaching this Court for filing the connected appeal as sufficient reasons, the delay of 99 days in preferring the connected appeal is hereby condoned and this Interlocutory Application is allowed. 8. The Registry is directed to register the connected MAC Appeal in the next week on a date to be fixed by it. Page No.# 4/4 9. The name of Mr. D. Mondal, the learned counsel may be reflected in the cause list as the engaged counsel for the claimant/respondent. JUDGE Comparing Assistant