Page No.# 1/4 GAHC010067312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2343/2024 THE NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA- 700071 AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI- 5, REPRESENTED BY THE REGIONAL OFFICE, GUWAHATI. VERSUS SUNITA DEVI AND 7 ORS. W/O LT. KRISHNA CHOUHAN,VILL.- KABIRALI, P.O.- KABIRALI, P.S.- KALAIGAON, DIST.- UDALGURI, BTAD, ASSAM. 2:PARBATI CHOUHAN W/O LAKSANA CHOUHAN VILL.- KABIRALI P.O.- KABIRALI P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 3:LAKSANA CHOUHAN S/O SUJYABALI CHOUHAN VILL.- KABIRALI P.O.- KABIRALI P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 4:MINATI DEVI W/O LAKSANA CHOUHAN VILL.- KABIRALI P.O.- KABIRALI Page No.# 2/4 P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 5:KOSUMI DEVI D/O LAKSANA CHOUHAN VILL.- KABIRALI P.O.- KABIRALI P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 6:RAHUL CHOUHAN S/O LAKSANA CHOUHAN VILL.- KABIRALI P.O.- KABIRALI P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 7:JUMUR ALI S/O LT. UAHED ALI R/O HABIBHANGA P.O.- KALAIGAON P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM. 8:BABUL ALI S/O LT. INTAZ ALI R/O HABIBHANGA P.O.- KALAIGAON P.S.- KALAIGAON DIST.- UDALGURI BTAD ASSAM Advocate for the Petitioner : MR. P J BARMAN, MS P PHUKAN,MS R TADO Advocate for the Respondent : MR. R A CHOUDHURY (R-2 TO 6), MR. R A MAZUMDER (R-2 TO 8),MR. R A CHOUDHURY (R-7,8) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.07.2026 1. Heard Ms. P. Phukan, learned counsel for the applicant. Also heard Mr. R. A. Mozumder, learned counsel for the respondent Nos. 2 to 8. 2. On perusal of the office note dated 16.07.2026, it appears that from the postal track consignment report of notice send by speed post to the respondent No. 1, it appears that same was duly delivered to the addressee as such the said notices is held to be duly served on the respondent No. 1. 3. This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant i.e., The National Insurance Company Limited praying for condoning the delay of 100 days in preferring the connected MAC Appeal whereby the judgment and order dated 19.09.2023, passed by the Motor Accident Claims Tribunal, Udalguri, in MAC Case No. 5/2018 has been impugned. 4. The learned counsel for the applicant submits that the reason for delay has been stated in paragraph Nos. 3, 4, 5, 6, 7 and 8 of the instant interlocutory application and the said reasons may be regarded as sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation. 5. On the other hand, Mr. R. A. Mozumder, learned counsel for the respondent Nos. 2 to 8 has submitted that considering the grounds stated in the instant interlocutory application by the applicant, the said respondents do not have any objection if the delay of 100 days in preferring the connected appeal is condoned by this Court. Page No.# 4/4 6. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record. 7. Considering the submissions made by the learned counsel for the parties as well as considering the grounds stated in the instant interlocutory application to be sufficient cause which prevented the present applicant in preferring the connected appeal within the prescribed period, the delay of 100 days in preferring the connected MAC appeal is hereby condoned and this interlocutory application is allowed. 8. The Registry is directed to register the connected MAC appeal and list this same for admission after a week on a date to be fixed by the Registry. 9. List accordingly. JUDGE Comparing Assistant