Page No.# 1/4 GAHC010189682023 2025:GAU-AS:5245 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/141/2024 ON THE DEATH OF PANKAJ HAZARIKA HIS LEGAL HEIR SMT LAKSHMI HAZARIKA W/O LATE PANKAJ HAZARIKA RESIDENT OF FLAT NO. A/9, SHYAMKUNJ APARTMENTS, LAKSHMI NAGAR, PS DISPUR, DIST KAMRUP M ASSAM VERSUS M/S ASSAM COMPANY INDIA LTD. AND 5 ORS. REPRESENTED BY THE MANAGER KONDOLI TEA ESTATE KATHAITOLI, PS KAMPUR, DIST NAGAON, ASSAM 2:SRI JEET RAM GOSHIT S/O LATE KAILASH GOSHIT A RESIDENT OF KONDOLI TEA ESTATE KATHAITOLI PS KAMPUR DIST NAGAON ASSAM 3:UNITED INDIA INSURANCE CO. LTD. HAVING ITS REGIONAL OFICE AT GS ROAD CHRISTIAN BASTI GUWAHATI 781005 4:ADDITIONAL DIRECTOR OF INDUSTRIES AND COMMERCE DISTRICT INDUSTRIES CENTER GOVT. OF ASSAM DIPHU DIST KARBI ANGLONG ASSAM Page No.# 2/4 5:SRI NIREN DAS S/O LATE JADU MOHAN DAS RESIDENT OF VILLAGE LORULANGSO DIST KARBI ANGLONG ASSAM 6:M/S ORIENTAL INSURANCE CO. LTD. HAVING ITS REGIONAL OFFICE AT ULUBARI GUWAHATI 78100 Advocate for the Petitioner : MR D MONDAL, DR. U BARUAH,RANJU R S BARUAH Advocate for the Respondent : M CHETIA(R-3), MR. S. PEGU(R-3),MR. A J SAIKIA(R-3) Linked Case : ON THE DEATH OF PANKAJ HAZARIKA HIS LEGAL HEIR SMT LAKSHMI HAZARIKA VERSUS M/S ASSAM COMPANY INDIA LTD. AND 5 ORS. B ------------ Advocate for : MR D MONDAL Advocate for : appearing for M/S ASSAM COMPANY INDIA LTD. AND 5 ORS. B BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 30.04.2025 Heard Mr. D. Mondal, learned counsel for the applicant. Also heard Mr. A J. Page No.# 3/4 Saikia, learned counsel for the respondent no.3. None appears on behalf of the other respondents. Although notice has duly been served upon them. This is an application filed under Section 173(1) of the Motor Vehicle Act, 1988 read with Section 5 of the Limitation Act to condone the delay of 303 days. The grounds for delay in filing the connected appeal has been explained in paragraph 2, 3, 4 & 5 of the condonation petition. The learned counsel for the applicant submits that just 11 days ahead of the passing of the impugned judgment and award, the victim suddenly expired. Due to the above and other connected reason as explained in para 2 to 5, the filing of the appeal has been delayed. Mr. A J. Saikia, learned counsel for the respondent raised objection to the condonation of delay. However, on perusal of the ground stated in the paragraph 2, 3, 4 & 5, this Court is of the view that the applicant was prevented by sufficient cause for not filing the connected appeal within time. In view of the above, the delay of 303 days is hereby condoned in the interest of justice. With the above observation, this I.A stands disposed of. The Registry shall register the connected appeal and list it for admission by showing the name of Mr. A J. Saikia, as the learned counsel for the respondent no.3. JUDGE Page No.# 4/4 Comparing Assistant