Page No.# 1/3 GAHC010269672024 2025:GAU-AS:12152 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4008/2024 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 PRATIMA DAS AND 5 ORS W/O. LATE JAYANTA DAS 2:AMIYA DAS W/O. LATE JIVAN DAS @ JIBA KANTA DAS 3:RUNJUN DAS D/O. LATE JAYANTA DAS 4:HIROK DAS S/O. LATE JAYANTA DAS ALL ARE RESIDENT OF BEBEZIA GAON P/O. LAHOAL DIST. DIBRUGARH ASSAM PIN-786010. (RESPONDENT NO. 4 BEING MINOR IS REP. BY THE RESPONDENT NO. 1) 5:SHISH RAM S/O. SRI BHAGWANA RAM R/O. JANGLAR BASTI DINWA LADKHANI FETEHPUR SIKAR DEENWALADKHANI SIKAR Page No.# 2/3 RAJASTHAN, PIN-332311. 6:MAZOR GURI KISHAN SEVA KENDRA CARE OF PROPRANTU BARUA VILL. GOMARI GURI P/O. GOMARI (MERAPANI) DIST. GOLAGHAT ASSAM, PIN-785705 Advocate for the Petitioner : MR T KALITA, MR T KALITA,MR. A KAKATI Advocate for the Respondent : MR SOHAING (R-1,2), A K MISHRA(R-1,2),MR. J KALITA(R-1,2) Linked Case : NATIONAL INSURANCE COMPANY LTD VERSUS PRATIMA DAS AND 5 ORS ------------ Advocate for : MR T KALITA Advocate for : appearing for PRATIMA DAS AND 5 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. S. Choudhury, learned counsel appearing on behalf of Mr. J. Kalita, learned engaged counsel for the respondents/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. Page No.# 3/3 Act, for condoning the delay of twenty six (26) days, in filling the connected MAC Appeal against the judgment and order dated 21.08.2024, passed by the learned Member, MACT, Dibrugarh in MAC Case No.50/2022 (Death). It is submitted by Mr. T. Kalita, learned counsel for the applicant that for observation of some official formalities, there was a delay of twenty six (26) 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 26 days delay. In that context, Ms. S. Choudhury, learned counsel appearing for the respondents 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 twenty six (26) 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 twenty six (26) 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