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Gauhati High Court · body

2025 DAILYLAW 23827 (GAU)

National Insurance Co Ltd v. Smti Amiya Borbora and 2 Ors

IA(C)/137/2025 · 2025-12-01

Budi Habung

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC040015452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/137/2025 National Insurance Co Ltd Age: 0 Occupation : Address:represented by its Ms Danyi Yamung Branch Incharge National Insurance Co Ltd North Lakhimpur Town District Lakhimpur Assam VERSUS Smti Amiya Borbora and 2 Ors Age: 0 Occupation : Address:Wife of Late Arun Chandra Borbora resident of Village Malo Ali Rajatia PO PS and District Jorhat Assam 783126 2:Dorjee Leta (Letro) Age: 0 Occupation : Address:Son of Late Rinchin Dorjee resident of Village Sangti PO and PS Dirang West Kameng District Arunachal Pradesh 790101 3:Lak Pa Tamang Age: 0 Occupation : Page No.# 2/3 Address:Son of Ram Bahadur resident of Village Senai Pam PO and PS Chayduwar Sonitpur District Assam. ------------ Advocate for : H P Phukan Advocate for : appearing for Smti Amiya Borbora and 2 Ors: Advocate , , appearing for 2, 3, respectively. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 02.12.2025 Heard Mr. H. P. Phukan, learned counsel for the applicant/appellant. This interlocutory application has been filed under Section 5 of the Limitation Act, 1963 read with Section 173 proviso of the Motor Vehicles Act, 1988, praying for condonation of delay of 198 days in preferring the connected appeal filed against the judgment and award dated 08.08.2024, passed by the learned Member, Motor Accidents Claims Tribunal, West Kameng District, Bomdila, in MAC Case No.15/2022. The grounds for not preferring the appeal on time have been explained in paragraph 6 of the application. On perusal of the explanation given in the above paragraph, this Court is satisfied that the applicant/appellant was prevented by a sufficient cause in not preferring the connected appeal within the stipulated time. Page No.# 3/3 Moreover, Mr. U. Deka, learned counsel for the respondent/claimant, has no objection to condoning the delay. In view of the above, the delay of 198 days in filing the connected appeal stands condoned. With the above, the I.A. stands allowed and disposed of. JUDGE Comparing Assistant