ABU SAHED @ ABU SAHID v. NATIONAL INSURANCE CO. LTD. AND ANR
I.A.(Civil)/1004/2026 · 2026-07-30
Mridul Kumar Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11577 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11577 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010289292025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1004/2026
ABU SAHED @ ABU SAHID S/O ABU SAMA, R/O VILL- SARUCHALA, P.S- MOIRABARI, DIST- MORIGAON, ASSAM, PIN- 782123
VERSUS
NATIONAL INSURANCE CO. LTD. AND ANR REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, GS ROAD, BHANGAGARH, GUWAHATI, PIN- 781005
2:MD. HAJARAT ALI S/O ABDUL MATIN R/O VILL- 2 NO. NARAMARI P.S- DHARAMTUL DIST- MORIGAON ASSAM PIN- 78241
Advocate for the Petitioner : MR. M TALUKDAR, B SARMA
Advocate for the Respondent : MS. R D MOZUMDAR(R1), MR. S P SHARMA(R1),MS. C MOZUMDAR(R1)
Linked Case : RP(FAM.CT.)/0/0
ABU SAHED ALIAS ABU SAHID SO ABU SAMA RO VILL SARUCHALA PS MOIRABARI
Page No.# 2/3 DIST MORIGAON ASSAM PIN 782123
VERSUS
NATIONAL INSURANCE CO LTD REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI REGIONAL OFFICE GS ROAD BHANGAGARH GUWAHATI 781005
2:MD HAJARAT ALI SO ABDUL MATIN RO VILL 2 NO NARAMARI PS DHARAMTUL DIST MORIGAON ASSAM PIN 782412 ------------ Advocate for : MR MITHUN TALUKDAR Advocate for : appearing for NATIONAL INSURANCE CO LTD
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date - 31.07.2026
1. Heard Ms. S. Patwari, the learned counsel for the application. Also heard Mr. R. D. Mozumdar, the learned counsel for the respondent No. 1.
2. On perusal of the office note dated 28.07.2026, it appears that the notices issued to the respondent No.2 has been duly served.
3. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant Mr. Abu Sahed @ Abu Sahid, praying for condonating of delay of 24 days in preferring the connected MAC Appeal whereby the
judgment and order dated 08.08.2025 passed by the Motor Accident
Page No.# 3/3 Claims Tribunal, Morigaon in MAC (Injury) Case No. 76/2018 has been impugned.
4. The learned counsel for the applicant has submitted that the reason for delay has been stated by the applicant in paragraph Nos. 3 and 4.
5. On the other hand, the learned counsel for the opposite party No. 1 has objected to the prayer for condonation of delay on the ground that the delay has not been sufficiently explained.
6. I have gone through the grounds stated in the instant Interlocutory Application.
7. It appears that the reasons shown by the applicant in the instant Interlocutory Application may be regarded as sufficient cause, which prevented him from impugning the connected appeal within the prescribed period of limitation. As such, the delay of 24 days in preferring the connected appeal is condoned and this Interlocutory Application is allowed.
8. The Registry is directed to register the connected MAC Appeal and list the same for admission after a week on a date to be fixed by the Registry.
JUDGE
Comparing Assistant