Page No.# 1/3 GAHC010119162025 2025:GAU-AS:12151 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1999/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS BIRINCHI BHUYAN AND 2 ORS S/O/ LT. RATNESWAR BHUYAN, R/O. VILL.- MIKIRBORACHUK, P/O. MIKIRBOROCHUK, P/S. GOHPUR, DIST. BISWANATH, ASSAM, PIN-784178. 2:YASKE ALAM S/O. ABDUL HUSSAIN R/O. NALINIBARI TETUNBARI P/O. DAFFLAGARH P/S. GOHPUR DIST. BISWANATH ASSAM PIN-784171. 3:MATILAL KISHAN S/O. SRI KITAL KISHAN R/O. GAHPUR TEA ESTATE P/O. GOHPUR P/S. GOHPUR DIST. BISWANATH ASSAM PIN-784168 Advocate for the Petitioner : MR T KALITA, Advocate for the Respondent : MR P NEOG (R-1), Page No.# 2/3 Linked Case : RP(FAM.CT.)/0/0 NATIONAL INSURANCE COMPANY LTD GUWAHATI VERSUS BIRINCHI BHUYAN AND ORS ASSAM ------------ Advocate for : Tridib Kalita Advocate for : appearing for BIRINCHI BHUYAN AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 08.09.2025. Heard Mr. T. Kalita, learned counsel for the applicant/appellant. Also heard Ms. R. Sahin, learned counsel appearing on behalf of Mr. P. Neog, learned engaged counsel for the respondent No.1/claimant. This case was identified for sending before Mediation. However, it is submitted by the learned counsel for the applicant that the case is not yet registered as there was a petition for condonation of delay is still pending, which is filed under Section 5 of the Limitation Act, 1963 read with Section 173 of the M.V. Act, for condoning the delay of ten (10) days, in filling the connected MAC Appeal against the judgment and order dated 10.02.2025, passed by the learned Member, MACT, Biswanath at Biswanath Chariali in MAC Case No.37/2018. Page No.# 3/3 It is submitted by Mr. T. Kalita, learned counsel for the applicant that for observation of some official formalities, there was a delay of ten (10) days, in preferring the connected MAC Appeal. There is no laches or negligence on the part of the applicant/appellant in preferring the appeal with 10 days delay. In that context, Ms. R. Sahin, learned counsel appearing for the respondent No.1 has no objection if the delay is condoned and the appeal is accordingly registered. Hearing the submissions made by learned counsel for the sides, I have also perused the case record and it is seen that the delay is well explained in para Nos. 3, 4 & 5 of the petition, wherefrom it is seen that there is delay of ten (10) days only for observing some official formalities, in preferring the connected MAC Appeal. In view of this, the present Interlocutory Application is allowed condoning the delay of ten (10) days in preferring the connected MAC Appeal. The Registry will do the needful in registering and numbering the Appeal. This Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant