Page No.# 1/3 GAHC010191472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./419/2025 KARTIK BASAK S/O LATE BOLORAM BASAK, R/O VILL. KATHANI BASTI, P.O. MERBIL, P.S. LALUK, DIST. LAKHIMPUR, ASSAM, PIN 784160 VERSUS THE ORIENTAL INSURANCE CO. LTD. REPRESENTED BY ITS LEGAL MANAGER, HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD, ULUBARI, GUWAHATI 781007, ASSAM, KAMRUP (M) Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR. D K BAGCHI Advocate for the Respondent : , Linked Case : I.A.(Civil)/3018/2025 KARTIK BASAK S/O LATE BOLORAM BASAK R/O VILL. KATHANI BASTI P.O MERBIL P.S. LALUK DIST. LAKHIMPUR ASSAM PIN 784160 VERSUS THE ORIENTAL INSURANCE CO. LTD. REPRESENTED BY ITS LEGAL MANAGER HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI 781007 ASSAM Page No.# 2/3 KAMRUP (M) ------------ Advocate for : MR N N UPADHYAYA Advocate for : appearing for THE ORIENTAL INSURANCE CO. LTD. BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 15.09.2025. Heard Mr. S. Upadhyaya, learned counsel appearing on behalf of Mr. N.N. Upadhyaya, learned counsel for the applicant. This is an application under Section 5 of the Limitation Act, for condoning the delay of 77 (seventy seven) days, in filling the connected MAC Appeal challenging the legality and validity of the impugned judgment and award dated 05.03.2025, passed by the learned Member, MACT, Lakhimpur in MACT (Injury) Case No.14/2021. It is submitted by Mr. S. Upadhyaya, learned counsel for the applicant that after the accident, the petitioner sustained grievous injury and lost the condition of mobility. Further, being an illiterate person, he was now aware about the award which was given to him by the learned Member, MACT, Lakhimpur and it was only on 18.07.2025, he came to know about the error in the judgment, when he received the same and then only he came to know that the award which was granted to him was not adequate, for which he filed the connected appeal against the impugned judgment and award dated 05.03.2025, passed by the learned Member, MACT, Lakhimpur. The learned counsel for the appellant further submitted that there is no laches Page No.# 3/3 and negligence on the part of the present applicant in preferring the appeal with 77 days delay. Accordingly, prayed for condonation of the delay of 77 days and to register the connected appeal. Hearing the submission made by the learned counsel for the applicant and also perused the case record and grounds mentioned in the petition and the grounds mentioned in the petition are found to be reasonable and justified grounds. Accordingly, as prayed for, the delay of 77 (seventy seven) days, in filling the connected MAC Appeal challenging the legality and validity of the impugned judgment and award dated 05.03.2025, passed by the learned Member, MACT, Lakhimpur in MACT (Injury) Case No.14/2021 is hereby condoned. The Registry is hereby directed to register the appeal. However, it is submitted by Mr. S. Upadhyaya, learned counsel for the applicant that the appeal has already been registered and numbered. It reveals that the office did not consider the delay condonation petition which was preferred along with the appeal and very casually registered and numbered the connected appeal. In view of this, the connected appeal be listed accordingly. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant