Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010029272025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/577/2025 BEDANTA DAS S/O. DIMBESWAR DAS, R/O. BALIGAON AND P/S. DHAKUAKHANA, DIST.
LAKHIMPUR, ASSAM, PIN-787001. VERSUS DILEN PHUKAN S/O. NANDESWAR PHUKAN, R/O. VILL.- BALIGAON, P/S. DHAKUAKHANA, DIST. LAKHIMPUR, ASSAM.
2:NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S. ROAD GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE AND DIVISIONAL MANAGER TEZPUR DIVISION.
3:KOUSHIK GOHAIN S/O. LT. LAKHINATH GOHAIN R/O. VILL.- BAHPARA P/S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM Advocate for the Petitioner : MR DEBA SARMAH, MS N SHYAM Advocate for the Respondent : MR. R Deka (R-3), MR T KALITA (R-2),S I AKAND(R-3)
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 19.11.2025
1. Heard Mr. D. Sarmah, learned counsel for the applicant. Also heard Mr. T. Kalita, learned counsel for the respondent No. 2 as well as Mr. S. I. Akand,
learned counsel for the respondent No. 3.
2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condonation of delay of 10 days in preferring the connected MAC Appeal whereby the applicant intends to impugn the
judgment and order dated 12.03.2024 passed by the learned Member, Motor Accident Claims Tribunal, Biswanath in MAC Case No. 146/2015(D) directing the present appellant who is the owner of the vehicle involved in the accident to pay the compensation amount.
3. The learned counsel for the respondent Nos. 2 and 3 submits that considering the fact that the delay is only of 10 days, they do not have any objection, if the said delay is condoned.
4. It also appears from the office note dated 15.11.2025, the notice issued to the respondent No. 1 was duly served. However, no one has appeared for the respondent No. 1. Hence, this interlocutory application is heard ex-parte against the said respondent.
5. I have considered the submissions made by the learned counsel for both sides and gone through the materials available on record.
6. Considering the fact that the delay is only of 10 days and considering the grounds stated for the said delay in the application for condonation of delay to be sufficient ground, the delay of 10 days in preferring the connected MAC
Page No.# 3/3 Appeal is hereby condoned and this interlocutory application is accordingly
disposed of.
7. The Registry is directed to register the connected MAC Appeal and list this same for admission after a week.
8. The name of Mr. T. Kalita, learned counsel be shown as engaged counsel for respondent No. 2 in the cause-list henceforth.
JUDGE Comparing Assistant