Page No.# 1/3 GAHC010278872023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3739/2023 NANI DEVI AND ANR. W/O HIRANYA NATH @ KUMAR NATH, VILL.- JAMUGURI- 782142, P.S.- JAJARI, DIST.- NAGAON (ASSAM). 2: HIRANYA KUMAR NATH S/O LATE DIBAKAR NATH VILL.- JAMUGURI- 782142 P.S.- JAJARI DIST.- NAGAON (ASSAM) VERSUS NATIONAL INSURANCE CO. LTD AND 2 ORS. G.S. ROAD, BHANGAGHARH, GUWAHATI- 781005 (ASSAM). 2:MD. MOFIDUL ISLAM S/O SAHABUDDIN ISLAM VILL. AND P.O.- DIGHALTARI- 782103 P.S.- RAHA DIST.- NAGAON (ASSAM). 3:RATUL BANIA S/O RANJIT BANIA VILL.- TUKULAI BEBEJIA P.O.- BEBEJIA- 782142 DIST.- NAGAON (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MS. R LAILA,MD. K ALI Advocate for the Respondent : MR. P J BARMAN (R-1), Page No.# 2/3 Linked Case : NANI DEVI AND ANR. VERSUS NATIONAL INSURANCE CO. LTD. AND 2 ORS. B ------------ Advocate for : MR. A R AGARWALA Advocate for : appearing for NATIONAL INSURANCE CO. LTD. AND 2 ORS. B BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 05.02.2025 Heard Mr. A.R Agarwala, learned counsel for the applicant. Also heard Mr. P.J Barman, learned counsel appearing on behalf of respondent No. 1. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 398 days in preferring the connected MAC Appeal, against the impugned judgment and order dated 27.04.2022, passed by the Learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati, in MAC Case No. 1644/2018. The ground for not preferring the connected appeal within the stipulated time has been explained in paragraph 3, 4 and 5 of the petition. Upon consideration, this court is satisfied that the applicant has not been able to show Page No.# 3/3 sufficient cause for not preferring the connected appeal within stipulated time. Moreover, the learned counsel appearing on behalf of the respondent has no objection condoning the delay. In view of the above, the delay of 398 days by the connected appeal is hereby condoned. Accordingly, the IA stands allowed and disposed of. The registry is directed to register the connected appeal and list it for admission by showing Mr. P.J Barman as learned counsel for respondent No. 1. JUDGE Comparing Assistant