NATIONAL INSURANCE COMPANY LTD . v. JASMINA BEGUM AND 4 ORS .
I.A.(Civil)/677/2023 · 2025-09-16
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8012 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8012 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010037132023
2025:GAU-AS:12750
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/677/2023 NATIONAL INSURANCE COMPANY LTD .
REPRESENTED BY THE REGIONAL MANAGER, BHANGAGARH, GS ROAD, GUWAHATI 781005, DIST KAMRUP M ASSAM VERSUS JASMINA BEGUM AND 4 ORS .
W/O LATE ANWAR HUSSAIN, RESIDENT OF NAHARLAGUN, PS DOBOKA, DIST NAGAON, PRESENT DISTRICT HOJAI, ASSAM 2:MD. AZIJUR RAHMAN S/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN PS DOBOKA DIST NAGAON PRESENT DISTRICT HOJAI ASSAM 3:MD. WZHED ALOM S/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN PS DOBOKA DIST NAGAON PRESENT DISTRICT HOJAI ASSAM 4:SHAHNAJ PARBIN D/O LATE ANWAR HUSSAIN
RESIDENT OF NAHARLAGUN PS DOBOKA
Page No.# 2/4 DIST NAGAON PRESENT DISTRICT HOJAI ASSAM 5:MR. SHANKARPURI GOSWAMI S/O HEERAPURI GOSWAMI RESIDENT OF CHOWDHURY BUILDING PO A.T ROAD JORHAT ASSAM TEMPORARY ADDRESS ZAKACHATA COLONY GOLAGHAT ROAD NAGALAND Advocate for the Petitioner : MR. N M DUTTA, Advocate for the Respondent : MS. P BHATTACHARYA (r-1 to 4), MR. A KHAN (r-1 to 4) Linked Case :
NATIONAL INSURANCE COMPANY LTD . VERSUS JASMINA BEGUM AND 4 ORS . A ------------ Advocate for : MR. N M DUTTA Advocate for : appearing for JASMINA BEGUM AND 4 ORS . A
Page No.# 3/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 17-09-2025 Heard Mr. N. M. Dutta, learned counsel for the applicant and Ms. P. Bhattacharya, learned counsel for the respondent Nos. 1 to 4.
2. This application under Section 5 of the Limitation Act has been filed for condonation of delay of 219 days in preferring the connected appeal against the
judgment and award dated 08.02.2022, passed by the Commissioner of Employee’s Compensation, Nagaon directing the applicant to pay a sum of Rs.8,02,600/- along with simple interest @ 7% per annum from the date of accident to the claimant/respondent.
3. It is further submitted by Mr. Dutta, learned counsel that in pursuant to the
order of this Court, they have taken steps for issuance of notice to the respondent No.5 through paper publication and accordingly, it was published in two daily newspapers, namely, ‘The Assam Tribune’ and ‘Dainik Asam’ and in that regard they have also filed an affidavit, which has been annexed along with this petition.
4. It is further submitted by Mr. Dutta, that the connected appeal could not be preferred within the period of limitation, as it took some time in receiving the necessary documents from the concerned branch office of the applicant, which is situated at Nagaon and thereafter, the empanelled lawyer also took some time in scrutinizing the documents and thereafter the connected appeal could be filed with a delay of 219 days.
5. However, there is no latches or negligence on the part of the present applicant/appellant and due to some unavoidable circumstances as well as in observing some formalities, there was a delay of 219 days.
Page No.# 4/4
6. Accordingly, it is submitted by Mr. Dutta, learned counsel that the delay may be condoned and the appeal may be registered.
7. Ms. P. Bhattacharya, learned counsel for the respondent Nos. 1 to 4 raised no objection and submitted that the respondents have no objection if the appeal is admitted by condoning the delay of 219 days, in preferring the connected appeal.
8. Considering the submissions made by the learned counsel for both sides and the grounds mentioned in the petition also for the ends of justice, the delay of 219 days in preferring the connected appeal is hereby condoned.
9. Registry is directed to register and number the connected appeal and to list the same accordingly.
10. Registry is also directed to reflect the name of Ms. P Bhattacharya, learned counsel for the respondent Nos. 1 to 4 while listing the connected appeal.
11. With the above observation and direction, this interlocutory application stands disposed of.
JUDGE Comparing Assistant