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2025 DAILYLAW 23564 (GAU)

NATIONAL INSURANCE CO LTD v. SMTI IDULNISHA BEGUM AND 8 ORS

I.A.(Civil)/93/2025 · 2025-12-02

Arun Dev Choudhury

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC020003352025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/93/2025 NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED AND HEAD OFFICE AT PREMISES NO. 18- 0374, PLOT NO. CBD-81, NEW TOWN, KOLKATA-700156 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE ATGUWAHATI, ASSAM AND A BUSINESS OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS SMTI IDULNISHA BEGUM AND 8 ORS W/O LATE ABDUL HAKIM, R/O VILLAGE MANIPUR PART II, P.S LAKHIPUR DISTRICT-CACHAR ASSAM, PRESENTLY RESIDING AT NEISATOU COLONY, KHER MAHAL, DIMAPUR, NAGALAND (WIFE OF THE DECEASED) 2:SHRI ABDUL RASHI F/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 3:SMTI. SABURJAN BIBI M/O THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY Page No.# 2/6 KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 4:KHAMNURAI NESHA MINOR SISTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 5:MASTER ABDUL KALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 6:MASTER ABDUL SALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 7:MISS SAMSUN NESHA MINOR DAUGHTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 8:SHRI FAYAZ UDDIN S/O IRSHAD ALI R/O KHEL MAHAL NEISATUO COLONY Page No.# 3/6 DIMAPUR NAGALAND. (OWNER OF THE VEHICLE Advocate for the Petitioner : KEDUVI ZHOTSO, Advocate for the Respondent : , Linked Case : MACApp./9/2025 NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT PREMISES NO. 18- 0374 PLOT NO. CBD-81 NEW TOWN KOLKATA-700156 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE ATGUWAHATI ASSAM AND A BUSINESS OFFICE AT DIMAPUR IN THE STATE OF NAGALAND VERSUS SMTI IDULNISHA BEGUM AND 7 ORS W/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S LAKHIPUR DISTRICT-CACHAR ASSAM PRESENTLY RESIDING AT NEISATOU COLONY KHER MAHAL DIMAPUR NAGALAND (WIFE OF THE DECEASED) 2:SHRI ABDUL RASHI F/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 3:SMTI. SABURJAN BIBI M/O THE DECEASED Page No.# 4/6 R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 4:KHAMNURAI NESHA MINOR SISTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 5:MASTER ABDUL KALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 6:MASTER ABDUL SALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 7:MISS SAMSUN NESHA MINOR DAUGHTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) Page No.# 5/6 8:SHRI FAYAZ UDDIN S/O IRSHAD ALI R/O KHEL MAHAL NEISATUO COLONY DIMAPUR NAGALAND. (OWNER OF THE VEHICLE) ------------ Advocate for : KEDUVI ZHOTSO Advocate for : LHOUSINO appearing for SMTI IDULNISHA BEGUM AND 7 ORS BEFORE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY O R D E R 03.12.2025 Heard learned counsel for the applicant, Mr. Keduvi Zhotso, as well as Mr. Sarif Ahmed for the respondent nos. 1 to 7 and Ms. Lhousino for the proforma respondent no. 1. This is an application for condonation of delay of 19 (nineteen) days in preferring the connected MAC Appeal. The delay has been explained at paragraph-6. Perused the same. The learned counsel for the respondent nos. 1 to 7 has raised an objection as to the maintainability of the connected appeal. The reason disclosed, in the considered opinion of this Court, is sufficient reason which prevented the appellant in approaching this Court in filing the connected appeal within the prescribed period of limitation. Accordingly, the delay stands condoned. Registry to proceed with the appeal. However, it is made clear that the question of maintainability shall be considered when the matter is Page No.# 6/6 listed for admission. While listing the appeal for admission, the name of Mr. Sarif Ahmed, learned counsel for the respondent nos. 1 to 7 be reflected in the casuselist. JUDGE Comparing Assistant