Page No.# 1/4 GAHC010061512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1093/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI-6000001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE S.B. DEORAH COLLEGE, G.S. ROAD, GUWAHATI. VERSUS CHAITALI DUTTA @ DAS AND 5 OTHERS W/O. LT. JYOTI PRASAD DAS 2:PRATITEE PRIAM KASHYAP D/O. LT. JYOTI PRASAD DAS 3:NARMADA DAS W/O. SRI GIRIN CH DAS 4:LIPIKA DAS D/O. SRI GIRIN CH DAS ALL ARE R/O. WEST DURGA SAROBAOR KAMAKHYA GATE H NO. 32 NARANARAYAN PATH P/S. JALUKBARI GUWAHATI-9 DIST. KAMRUP (M0 ASSAM. RESPONDENT NO. 2 BEING MINOR IS REP. BY HER LEGAL GUARDIAN MOTHER REP. 1. 5:AHMED ALI S/O. IBRAHIM ALI Page No.# 2/4 R/O. VILL.- AGGUNI P/O. GUMI P/S. CHHAYGAON DIST. KAMRUP (M) ASSAM PIN-781124. 6:UNITED INDIA INSURANCE CO. LTD. REP. BY THE DIVISIONAL MANAGER DIVISION NO. 1 ULUBARI GUWAHATI-781007 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : MR. A R AGARWALA (R-1,3,4), MR. T DEURI (R5),MR ADITYA AGARWALA(R-1,3,4) Linked Case : CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD VERSUS CHAITALI DUTT @ DAS AND 5 ORS H ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for CHAITALI DUTT @ DAS AND 5 ORS H Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.03.2026 1. Heard Ms. P. Borthakur, the learned counsel for the applicant. Also heard Mr. A. R. Agarwala, the learned counsel for the respondent Nos. 1, 2, 3 and 4 as well as Mr. U. Bhardwaj, the learned counsel appearing on behalf of Mr. T. Deori, the learned counsel for the respondent No.5. 2. It appears that the notice issued to the respondent No.6 has not returned. 3. The learned counsel for the applicant has submitted that since no liability was entrusted on the respondent No.6, and the connected appeal has been filed by the present applicant, who is is mainly aggrieved with the quantum of compensation awarded to the applicant. The notice to the respondent No.6 may be waived. 4. The prayer is allowed. 5. This Interlocutory Application has been filed by the applicant/Ms. Cholamandalam Ms General Insurance Company Limited under Section 5 of the limitation Act, praying for condoning the delay of 20 days in filing the connected MAC Appeal whereby the judgment and award dated 15.05.2024 passed by the Motor Accident Claims Tribunal in MAC Case No. 2677/2016 has been impugned. 6. The learned counsel for the respondent considering the short period of delay did not raise any objection and prays of condonation Page No.# 4/4 of delay. 7. I considered the submissions made by the learned counsel for the parties and have gone through the application for condonation the delay. 8. The reason for delay has been mentioned by the applicant in paragraph No.2 of the instant application. 9. Considering the said reason to be sufficient ground which prevented the applicant in approaching this Court for filing the connected appeal within the prescribed period of limitation, the delay of 20 days in filing the connected appeal is hereby condoned and this Interlocutory Application is allowed. 10. The Registry is directed to list the connected appeal and list the same in the next week on a date to be fixed by the Registry. JUDGE Comparing Assistant