Page No.# 1/4 GAHC010073032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1860/2026 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR, HDFC HOUSE, 165-166 BACKDAY RECLAMATION, H.T. PAREKH MARG, CHURCHGATE, MUMBAI- 400020, MAHARASHTRA, ITS ZONAL OFFICE AT FOURTH FLOOR, BLOCK-C, 22 CAMAC STREET, KOLKATA- 700016 AND THE BRANCH OFFICE AT ADITYAM TOWER, 6TH FLOOR, ULUBARI, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM AND IS REPRESENTED BY ITS DEPUTY MANAGER, LITIGATION DEPARTMENT AND T.P. CLAIMS VERSUS JUNU NENDING AND ANR WIFE OF NENDING TATUNG, RESIDENT OF NAMSAI CIRCLE, LOHIT, ARUNACHAL PRADESH, PIN CODE- 732103, PRESENT RESIDENT OF- WARD NO. 13, BONGAIGAON, POST OFFICE- BONGAIGAON, DISTRICT- BONGAIGAON, ASSAM, PIN CODE- 783380 2:NENDING TATUNG SON OF LATE PUGANG NENDING RESIDENT OF HARI POST OFFICE- ZIRO POLICE STATION- ZIRO DISTRICT- LOWER SUBANSIRI ARUNACHAL PRADESH PIN CODE- 79112 Advocate for the Petitioner : MR T KALITA, Advocate for the Respondent : MR. M KHAN (R1), MR. R. AHMED (R1),MS J AKTAR (R1) Page No.# 2/4 Linked Case : MACApp./0/0 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT FIRST FLOOR HDFC HOUSE 165-166 BACKDAY RECLAMATION H.T. PAREKH MARG CHURCHGATE MUMBAI-400020 MAHARASHTRA ITS ZONAL OFFICE AT FOURTH FLOOR BLOCK-C 22 CAMAC STREET KOLKATA 700016 AND THE BRANCH O VERSUS JUNU NENDING WIFE OF NENDING TATUNG RESIDENT OF NAMSAI CIRCLE LOHIT ARUNACHAL PRADESH PIN CODE- 732103 PRESENT RESIDENT OF- WARD NO. 13 BONGAIGAON POST OFFICE- BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN CODE783380 2:MR NENDING TATUNG SON OF LATE PUGANG NENDING RESIDENT OF HARI POST OFFICE- ZIRO POLICE STATION- ZIRO DISTRICT- LOWER SUBANSIRI ARUNACHAL PRADESH PIN CODE- 791120 OWNER OF THE VEHICLE BEARING NO. AR 06/C3428 MARUTI IGNIS ------------ Advocate for : Tridib Kalita Advocate for : appearing for JUNU NENDING Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2026 1. Heard Mr. A. Kakati, learned counsel for the applicant. 2. Mr. M. Khan, learned counsel for the respondent No. 1/claimant submitted that in the meantime, respondent No. 2 has expired. He further submitted that the respondent No. 1 is the only legal heir of the deceased, as she is the mother of the deceased. 3. This interlocutory application has been filed by the applicant under Section 5 of the Limitation Act, 1963 read with Section 30 of the Employees' Compensation Act, 1923 seeking condonation of the delay of 49 days in filing the connected Miscellaneous First Appeal against the judgment and order dated 16.12.2025 passed by the learned Commissioner for Employees' Compensation, Bongaigaon in E.C. Case No. 12/2025. 4. The learned counsel for the applicant submitted that the reasons for the delay in preferring the connected appeal have been set out in paragraphs 3 to 6 of the present interlocutory application. 5. The learned counsel for the respondent submitted that having regard to the grounds stated in the present interlocutory application, he has no objection to the prayer for condonation of delay. 6. Upon considering the grounds stated in the present interlocutory application, this Court is satisfied that sufficient cause has been shown which prevented the applicant/Insurance Company from preferring the connected appeal within the prescribed period of limitation. Accordingly, the delay of 49 days in filing the connected appeal is hereby condoned and the interlocutory Page No.# 4/4 application stands allowed. 7. The Registry is directed to register the connected Miscellaneous First Appeal and list the same for admission after 1 week on a date to be fixed by the Registry. 8. The name of Mr. M. Khan shall henceforth be reflected in the cause list as the engaged counsel appearing for the respondent. JUDGE Comparing Assistant