Page No.# 1/3 GAHC010289502019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4134/2019 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI, REGIONAL OFFICE, AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM VERSUS SMTI PALLABI DEVI AND 3 ORS. W/O LATE AJIT BARMAN, PERMANENT RESIDENT OF VILL BIYASH KUSHI, P.O. BIYASH KUSHI, P.S. SARTHEBARI, DISTRICT BARPETA (ASSAM), PIN 781307 2:SMTI SABITRI BARMAN MOTHER OF LATE AJIT BARMAN PERMANENT RESIDENT OF VILL BIYASH KUSHI P.O. BIYASH KUSHI P.S. SARTHEBARI DISTRICT BARPETA (ASSAM) PIN 781307 3:SRI SHIV PUJAN GUPITA S/O HARINASH GUPTA OF VILL DHING GATE P.O. HAIBORGAON P.S. NAGAON DIST. NAGAON ASSAM PIN 782002 (OWNER OF THE VEHICLE NO. AS-02-AC-7299) 4:SRI RAJENDRA RAY SON OF AHIV RAY OF VILL. KHUTI KATIA Page No.# 2/3 HAIBORGAON P.O. HAIBORGAON P.S. NAGAON DIST. NAGAON PIN 782002 (DRIVER OF THE VEHICLE NO. AS-02-AC-7299 Advocate for the Petitioner : MR. C PHUKAN, Advocate for the Respondent : MR. S B PRASAD (R-2), MR SAURADEEP DEY (R-1),MR M BARMAN (R2),MR D K NATH(R-3) Linked Case : NATIONAL INSURANCE CO. LTD. VERSUS SMTI.PALLABI DEVI AND 3 ORS. ------------ Advocate for : Advocate for : appearing for SMTI.PALLABI DEVI AND 3 ORS. Linked Case : NATIONAL INSURANCE CO. LTD. VERSUS SMTI.PALLABI DEVI AND 3 ORS. ------------ Advocate for : MR. C PHUKAN Advocate for : appearing for SMTI.PALLABI DEVI AND 3 ORS. Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 08-04-2025 Heard Mr. C. Phukan, learned counsel for the applicant. I have also heard Mr. S. Deay, learned counsel for the respondent No.1 and Mr. M. Barman, learned counsel for the respondent No.2. This is an application filed under the Second proviso to section 173(1) of the M.V. Act, read with section 5 of the Limitation Act for condonation of delay of 2 days in filing the connected appeal. The ground for delay has been explained in paragraph 3,4, and 5 of the application. Having heard the learned counsel for the parties, and upon perusal of the grounds stated by the applicant, I am of the view that applicant was prevented by sufficient cause in not preferring the connected appeal within the stipulated time. Moreover, the learned counsel appearing on behalf of the respondents has no objection in condoning the delay of 2 days in filing the appeal. In view of above, the delay of 2 days in preferring the connected appeal is condoned. I.A. stands allowed and disposed of. Registry shall number the connected appeal and list for admission hearing on a date to be fixed by the Registry. JUDGE Comparing Assistant