Page No.# 1/8 GAHC010191162023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2830/2023 SMT MONALISA KALITA AND 3 ORS WIDOW OF LATE PULIN KALITA, R/O VILL. BAREGHAR SATRA, P.O. AND P.S. NAZIRA, DIST. SIVASAGAR, ASSAM. 2: SRI DHIRENDRA NATH KALITA @ DHIREN CH. KALITA FATHER OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 3: MISS ANGANA KALITA D/O LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 4: SRI NILUTPAL KALITA S/O LATE PULINKALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. APPELLANT NO. 2 IS AN OLD AGED PERSON APPELLANT NO. 3 AND 4 ARE MINOR ARE REPRESENTED BY APPELLANT NO. VERSUS M/S B.L. AGARWALA AND 2 ORS VILL. GOR ALI, JORHAT, P.O. AND P.S. JORHAT, DIST. JORHAT, ASSAM, PIN 785001 (OWNER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) Page No.# 2/8 2:SRI JAWAHIR RAWAT VILL. BIHUBOR P.O. AND P.S. BIHUBOR DIST. SIVASAGAR ASSAM PIN 785687 (DRIVER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 3:THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD. JORHAT BRANCH ASSAM HAVING ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGE Advocate for the Petitioner : MR. R P ROY, MR J ISLAM Advocate for the Respondent : MR G JALAN (R-1), S K BEGUM(R-3),MS. M CHOUDHURY(R- 3),MR SISHIR DUTTA (R-3) Linked Case : I.A.(Civil)/3574/2018 SMT MONALISA KALITA AND 3 ORS WIDOW OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 2: SRI DHIRENDRA NATH KALITA @ DHIREN CH. KALITA FATHER OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 3: MISS ANGANA KALITA D/O LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA Page No.# 3/8 DIST. SIVASAGAR ASSAM. 4: SRI NILUTPAL KALITA S/O LATE PULINKALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. APPELLANT NO. 2 IS AN OLD AGED PERSON APPELLANT NO. 3 AND 4 ARE MINOR ARE REPRESENTED BY APPELLANT NO. 1 VERSUS M/S B.L. AGARWALA AND 2 ORS VILL. GOR ALI JORHAT P.O. AND P.S. JORHAT DIST. JORHAT ASSAM PIN 785001 (OWNER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 2:SRI JAWAHIR RAWAT VILL. BIHUBOR P.O. AND P.S. BIHUBOR DIST. SIVASAGAR ASSAM PIN 785687 (DRIVER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 3:THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD. JORHAT BRANCH ASSAM HAVING ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER ------------ Advocate for : MR. R P ROY Advocate for : MR. K K BHATTA appearing for M/S B.L. AGARWALA AND 2 ORS Linked Case : MC/73/2023 SMT MONALISA KALITA AND 3 ORS WIDOW OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. Page No.# 4/8 2: SRI DHIRENDRA NATH KALITA @ DHIREN CH. KALITA FATHER OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 3: MISS ANGANA KALITA D/O LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 4: SRI NILUTPAL KALITA S/O LATE PULINKALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. APPELLANT NO. 2 IS AN OLD AGED PERSON APPELLANT NO. 3 AND 4 ARE MINOR ARE REPRESENTED BY APPELLANT NO. 1 VERSUS M/S B.L. AGARWALA AND 2 ORS VILL. GOR ALI JORHAT P.O. AND P.S. JORHAT DIST. JORHAT ASSAM PIN 785001 (OWNER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 2:SRI JAWAHIR RAWAT VILL. BIHUBOR P.O. AND P.S. BIHUBOR DIST. SIVASAGAR ASSAM PIN 785687 (DRIVER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 3:THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD. JORHAT BRANCH ASSAM HAVING ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER ------------ Advocate for : MR. R P ROY Page No.# 5/8 Advocate for : appearing for M/S B.L. AGARWALA AND 2 ORS Linked Case : MACApp./886/2018 SMT MONALISA KALITA AND 3 ORS WIDOW OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 2: SRI DHIRENDRA NATH KALITA @ DHIREN CH. KALITA FATHER OF LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 3: MISS ANGANA KALITA D/O LATE PULIN KALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. 4: SRI NILUTPAL KALITA S/O LATE PULINKALITA R/O VILL. BAREGHAR SATRA P.O. AND P.S. NAZIRA DIST. SIVASAGAR ASSAM. APPELLANT NO. 2 IS AN OLD AGED PERSON APPELLANT NO. 3 AND 4 ARE MINOR ARE REPRESENTED BY APPELLANT NO. 1 VERSUS M/S B.L. AGARWALA AND 2 ORS VILL. GOR ALI JORHAT P.O. AND P.S. JORHAT DIST. JORHAT ASSAM PIN 785001 (OWNER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 2:SRI JAWAHIR RAWAT VILL. BIHUBOR Page No.# 6/8 P.O. AND P.S. BIHUBOR DIST. SIVASAGAR ASSAM PIN 785687 (DRIVER OF THE VEHICLE NO. AS-03/AC-0981 TRUCK DUMPER) 3:THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD. JORHAT BRANCH ASSAM HAVING ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI 781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER ------------ Advocate for : MR. R P ROY Advocate for : appearing for M/S B.L. AGARWALA AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 20.05.2026 1. Heard Mr. R. S. Chauhan, the learned counsel for the applicant. Also heard Ms. M. Choudhury, the learned counsel for the respondent No.3. Also heard Ms. I. Kumari, the learned counsel for the respondent No.1. 2. The notice to the respondent No. 2, who is the driver of the offending vehicle could not be served either by way of dasti mode or by speed post. 3. The learned counsel for the applicant has submitted that MAC Appeal which was dismissed for default was filed by the present applicant on being aggrieved with the quantum of the compensation awarded to them, hence, he submits that under the facts and circumstances of this case, the notice to the respondent No.2, who is the driver of the offending vehicle and who may not be ultimately Page No.# 7/8 required for deciding the issued, if the appeal is restored may be waived. The prayer is allowed. 4. The prayer is allowed. 4. This Interlocutory Application has been filed by the applicant under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 61 days in preferring the connected Interlocutory Application for restoration of I.A. (Civil)3574/2010, which is also an application for condonation of delay in preferring the connected MAC Appeal No. 886/2018. 5. The learned counsel for the respondent Nos. 1 and 3 have no objection if the aforesaid delay is condoned. 6. I have gone through the ground stated in the Paragraph No.3 in the instant Interlocutory Application and it appears that the ground stated are sufficient cause which prevented the applicant in preferring the connected application for restoration of I.A. (Civil) No. 3574/2018. 7. Accordingly, this Interlocutory Application is allowed and the delay of 61 days is condoned. 8. The Registry is directed to register the connected Interlocutory Application and list the same for in the Order Column on 15.06.2026. 9. The copy of both the Interlocutory Applications may be furnished by the applicant to the learned counsel for the respondent Nos. 1 and 3. Page No.# 8/8 10. The names of Ms. M. Choudhury, may be reflected in the cause list as engaged counsel for the respondent No.3 as well as Ms. I. Kumari, may be reflected as the engaged counsel for the respondent No.1 in the cause list henceforth. 11. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant