Page No.# 1/3 GAHC010093462019 2025:GAU-AS:1146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1947/2019 NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATTA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-15, ASSAM. VERSUS SMTI. KABITA SARMAH AND 3 ORS W/O- LATE JINTU SARMAH, PERMANENT R/O- VILL.- MORIDHAL, P.O. BAMUNPUKHURI, P.S. AND DIST.- DHEMAJI, ASSAM, PIN- 787057 AND TEMPORARY ADDRESS- C/O- KANTI SARMAH, Q. NO. VIII (MINISTRIAL), 8/2, SUPER MARKET COMPLEX, DISPUR, P.O. AND P.S. DISPUR, DIST.- KAMRUP(M), ASSAM, PIN- 781006. 2:SRI RAJ KUMAR JHAWAR S/O- LATE SATYANARAYAN JHAWAR C/O- STATIONARY HOUSE (RUPAHI ALI) P.S. AND P.O. JORHAT DIST.- JORHAT ASSAM PIN- 785001. (OWNER OF THE VEHICLE NO. AS-03/AC-2113 (BOLARO PICK UP VAN). 3:SRI BINOD DAS S/O- SRI RABIN DAS R/O- VILL.- RAJATIA P.O. KOROKATOLI P.S. AND DIST.- JORHAT ASSAM PIN- 785108. (DRIVER OF THE VEHICLE NO. AS-03/AC-2113 BOLARO PICKUP VAN). Page No.# 2/3 4:BRANCH MANAGER ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE JORHAT P.S. P.O. AND DIST.- JORHAT ASSAM PIN- 785001. (INSURER OF THE VEHICLE NO. AS-03/Q-1269 (MOTOR CYCLE) Advocate for the Petitioner : MR. C PHUKAN, Advocate for the Respondent : MR. A J SAIKIA, MR. R K JAIN (r-2),TULIKA BORAH (r-2),MR. S C BISWAS,MR. A K DAS,MS B KASSHYAP,MR. B KAKATI,MR B SHARMA (R1) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 05-02-2025 No one appears on behalf of the applicant on call. However, Ms. A. Borah, learned counsel appears on behalf of Mr. S. C. Biswas, learned counsel for the respondent no. 1, Ms. T. Borah, learned counsel on behalf of the respondent no. 2, and Mr. A. J. Saikia, learned counsel on behalf of respondent no. 4. This is an application filed under Section 173(1) of the MV Act, read with Section 5 of the Limitation Act for condoning the delay of 20 days in preferring the connected appeal impugning the judgment and award dated 29.11.2018 passed by the learned Member, MACT No. 3, Kamrup (M) in MAC case no. 275/2015. The grounds for not filing the connected appeal on time has been Page No.# 3/3 explained in para 3, 4 and 5 of the petition. The learned counsel for the respondents submitted that they have no objection, if the delay is condoned. Upon consideration of the explanation in Paragraph 3, 4 and 5 of the petition, the applicant has also been able to show sufficient cause for not preferring the connected appeal on time. In view of the above, the delay of 20 days in preferring the connected appeal is hereby condoned. With the above, this IA stands disposed of. The Registry shall number the connected appeal and list it for admission by showing the name of Mr. S. C. Biswas, as the learned counsel for the respondent no. 1; Ms. T. Borah, as the learned counsel for the respondent no. 2 and Mr. A. J. Saikia, as the learned counsel for the respondent no. 4. JUDGE Comparing Assistant