Page No.# 1/4 GAHC010049162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1048/2025 NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI 781005, REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFIE. VERSUS ARIF AHMED S/O MD. HAFIZUDDIN AHMED, R/O VILL. BONGAON, P.O. BONGAON, P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN 781354 2:GANDHI RAM DAS S/O LATE PRAFULLA DAS R/O WARD NO 1 SAPKATI P.O. UDALGURI P.S. UDALGURI ASSAM PIN 784509 (OWNER OF THE VEHICLE BEARING REGISTRATION NO AS-01- AX-7666) 3:SAHIDA BEGUM W/O AZIZUR RAHMAN R/O RANGIYA BLOCK P.S. RANGIA P.O. RANGIA KAMRUP ASSAM PIN 781354 (OWNER OF THE VEHICLE BEARING REGISTRATION NO AS-01- Page No.# 2/4 BG-5735) 4:ORIENTAL INSURANCE CO. LTD. REPRESENTED BY THE REGIONAL MANAGER G.S. ROAD GODREJ BUILDING ULUBARI GUWAHATI 781005 (INSURER OF THE VEHICLE BEARING REGISTRATION NO AS-01-BG - 5735 Advocate for the Petitioner : MR T KALITA, J KOTOKY Advocate for the Respondent : MR. A T SARKAR (R-1), MR A HUSSAIN (R-1),S R DAS (R-1) Linked Case : RP(FAM.CT.)/0/0 NATIONAL INSURANCE COMPANY LIMITED REP BY THE CHIEF REGIONAL MANAGER GUWAHATI REGIONAL OFFICE ASSAM VERSUS ARIF AHMED KAMRUP ASSAM 2:GANDHI RAM DAS UDALGURI ASSAM 3:SAHIDA BEGUM KAMRUP ASSAM 4:ORIENTAL INSURANCE COMPANY LIMITED GUWAHATI ASSAM ------------ Advocate for : Tridib Kalita Advocate for : appearing for ARIF AHMED Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 27.10.2025 1. Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. A.T. Sarkar, learned counsel for the respondent no. 1/claimant. 2. On perusal of the Office Note dated 22.10.2025, it appears that the notice issued to Respondent No. 2 was served on the son of Respondent No. 2, whereas the notice issued to Respondent No. 4 was received by an employee of Respondent No. 4 (Oriental Insurance Co. Ltd.). 3. In view of the above, the notices issued to Respondent Nos. 2 and 4 are held to be duly served. With regard to the notice issued to Respondent No. 3, the same has been returned with the postal remark: “Need proper address, Returned to sender.” 4. The learned counsel for the applicant has submitted that the connected appeal has been preferred by the applicant, who is an insurance company, as it is aggrieved solely with the quantum of compensation awarded to the claimant/respondent. Hence, he submits that, under such circumstances, notice to Respondent No. 3 may be issued in this Interlocutory Application. 5. The prayer is allowed. 6. This Interlocutory Application has been filed by the applicant, i.e., National Insurance Company Limited, under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 112 days in preferring the connected MAC Appeal. The applicant intends to impugn the judgment and award dated 13.08.2024, passed by the learned Motor Accident Claims Tribunal, Darrang at Page No.# 4/4 Mangaldoi, in MAC (Injury) Case No. 41/2015. 7. The learned counsel for the applicant has submitted that the grounds for approaching this Court belatedly, by filing the connected MAC Appeal, have been stated in paragraphs 4 to 7 of the delay condonation application. 8. The learned counsel for Respondent No. 1/claimant has submitted that, considering the grounds stated by the applicant in the aforesaid petition, Respondent No. 1 has no objection if the delay of 112 days in preferring the connected MAC Appeal is condoned. 9. I have considered the submissions made by the learned counsel for both sides and perused the records of the case. 10. In view of the submissions made by the learned counsel for Respondent No. 1, and considering that the grounds stated in paragraphs 4 to 7 of the application for condonation of delay are found to be sufficient, this Court is inclined to condone the delay caused by the applicant in preferring the connected appeal. Accordingly, the delay of 112 days in preferring the connected MAC Appeal is hereby condoned. 11. The Registry is directed to register the connected MAC Appeal and list the same for admission in the next week on a date to be fixed by the Registry. JUDGE Comparing Assistant