Page No.# 1/3 GAHC010079562026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1315/2026 NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX,5TH FLOOR .LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD, GUWAHATI-781007. VERSUS SMTI POPY BARUAH AND 4 ORS. W/O SRI TARUN BARUAH 2:SRI TARUN BARUAH S/O SRI NUMAL CHANDRA BARUAH 3:SRI ANKIT BARUAH S/O SRI TARUN BARUAH ALL ARE RESIDENTS OF VILL-CHANGMAI GAON THERMAL P.O. AND P.S. TINSUKIA DIST.-TINSUKIA ASSAM. PIN-786125. CLAIMANTS RESPONDENT NO.3 BEING MINOR IS REPRESENTED BY HIS LEGAL GUARDIAN MOTHER I.E.RESPONDENT NO.1. 4:SRI PULIN DEY S/O LATE SURANJAN DEY R/O-VILLAGE-JYOTI NAGAR NAU-PUKHURI P.O. AND P.S. TINSUKIA DIST. TINSUKIA ASSAM. PIN-786125. DRIVER OF THE VEHICLE NO. AS-23-W-5499 ROYAL ENFIELD BUILET 5:SRI RAJU KUMAR SINGH Page No.# 2/3 S/O LATE ROMESH SINGH R/O-MAKUM ROAD NEAR KAMAKHYA NAGAR P.O. AND P.S.TINSUKIA DIST.-TINSUKIA ASSAM. PIN-786125. OWNER OF THE VEHICLE NO. AS-23-W-5499ROYAL ENFIELD BULLE Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : MR. S NAG(R1,2,3), MR. N D SARMA(R1,2,3),A RAHMAN(R1,2,3) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.08.2026 1. Heard Ms. M. Saikia, learned counsel for the applicant. Also heard Mr. A. Rahman, learned counsel for the opposite party Nos. 1, 2 and 3. 2. This interlocutory application has been filed by the applicant/Insurance Company praying for condonation of delay of 33 days in preferring the connected appeal wherein the judgment and award dated 11.09.2025, passed in MAC Case No. 12/2021 by the Motor Accident Claims Tribunal, Tinsukia has been impugned. 3. The learned counsel for the applicant submits that the reasons for delay caused in filing the connected appeal has been stated in paragraph No. 2 of the instant interlocutory application. 4. The learned counsel for the opposite party Nos. 1, 2 and 3/claimants have not opposed the prayer for condonation of delay and as such, the notice to opposite party Nos. 4 and 5 is waived in this case. Page No.# 3/3 5. Considering the submissions made by the learned counsel for the applicant as well as grounds stated in the instant interlocutory application, this Court is of considered opinion that the applicant was prevented due to sufficient cause in preferring the connected appeal within the prescribed period of limitation. 6. As such, the delay of 33 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 7. The Registry is directed to register the connected appeal and list the same for admission on 7th of September, 2026. JUDGE Comparing Assistant