Page No.# 1/3 GAHC010143992024 2025:GAU-AS:14125 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1149/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, G.S. ROAD, GUWAHATI-07. VERSUS AMA DEVI @ EAMA DEVI AND ANR. W/O. SRI PARESH SHARMA @ PARESH JAYACHI, R/O. VILL.- S.M. ROAD, P/S. NAGAON, DIST. NAGAON, ASSAM. 2:ROMEO DEKA S/O. LT. KANAK DEKA R/O. VILL. KATHANIGAON P/S. LAHARIGHAT DIST. MORIGAON ASSAM Advocate for the Petitioner : MR. R K BHATRA, MR. A SAIKIA,A BIYANI,MS P HUJURI Advocate for the Respondent : FOR CAVEATOR, MS R MEDHI,MR. R BORA,MR ISMAIL HAQUE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 24.10.2025 Heard Ms. A. Biyani, learned counsel appearing for the applicants. Also heard Mr. R. Bora, learned counsel appearing for the respondent No. 1. The present application is filed under the Second Proviso to Section 173(1) of M.V. Act, read with Section 5 of the Limitation Act, 1963 for condoning the delay of 63 days in preferring the connected appeal against the judgment and award dated 19.01.2024 passed by Member, Motor Claims Tribunal, Nagaon, in MAC Case No. 20/2019. The grounds of the delay as pleaded in the condonation application reads as under:- “3. That your humble applicant begs to state that in the instant case, after the award was passed, the dealing advocate applied the certified copy of the judgment and award dated 19.01.2024 on 08.02.2024 which was received from the tribunal only on 07.03.2024 and then was forwarded along with his opinion to the Regional Office, vide letter dated 14.03.2024 which was received by the company on the same day. 4. That your humble applicant begs to state that after received the opinion the Regional Office Guwahati sought an opinion from one of it's retainer advocate in High Court to advise the next course of action and the advocate gave his opinion and suggested to file an Appeal in view of the award being unreasonable and unjustice filed and also on binding decisions of the Apex Court it was a fit case wherein an appeal be filed impugning the award and thereafter the officials in the Guwahati Regional Office deliberated amongst them and took the decision to file the appeal and the entire exercise as narrated above took a considerable period of time Page No.# 3/3 and accordingly send the file back to one of its panel advocate at High Court for preparation of an appeal on 27.05.2024 and file the appeal. 5. That your humble applicant begs to state that the appointed advocate required some time to draft the appeal and connected petitions and awaited for furnishing of the statutory Cheque to file an appeal which was thereafter handed over to him and only then the appeal was filed as a result, the delay of days has occurred in filing the connected appeal, as such, those delays in filing the appeal is now required to be condoned from this Hon'ble Court. Hence, this petition.” Mr. Hence, this petition.” Mr. R. Bora, learned counsel appearing for the respondent No. 1 does not oppose to the prayer for condonation. Upon hearing the parties and perusal of the aforesaid grounds as extracted hereinabove, this court finds that the grounds for condoning the delay of 63 days that has occurred in filing the connected appeal are sufficient and bona fide. Accordingly, in the interest of justice, the delay of 63 days stands condoned. Hence, the Interlocutory Application stands allowed and disposed of. In view of the above, let the connected MACApp/8095/2024 (Filing Number) be registered and listed accordingly. JUDGE Comparing Assistant