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2026 DAILYLAW 1564 (GAU)

NATIONAL INSURANCE COMPANY LIMITED v. ANIMA GOGOI @ ANIMA GOGOI KONWAR AND 3 ORS.

I.A.(Civil)/250/2026 · 2026-02-05

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010275102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/250/2026 NATIONAL INSURANCE COMPANY LIMITED 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 OFFICE. VERSUS ANIMA GOGOI @ ANIMA GOGOI KONWAR AND 3 ORS. WIFE OF LATE ROBIN GOGOI @ ROBIN CHANDRA GOGOI, RESIDENT OF VILLAGE- KOPOHUA GAON, POST OFFICE - BORTOL, POLICE STATION - NAZIRA, DISTRICT - SIVSAGAR, ASSAM, PIN CODE - 785685. PRESENT RESIDENT OF CARE OF MONOWARA KHATUN, RESIDENT OF KATAHBARI, POLICE STATION- GARCHUK, DISTRICT- KAMRUP (M), ASSAM, PIN CODE- 781035 2:RUPANTAR GOGOI SON OF LATE ROBIN GOGOI @ ROBIN CHANDRA GOGOI RESIDENT OF VILLAGE- KOPOHUA GAON POST OFFICE - BORTOL POLICE STATION - NAZIRA DISTRICT - SIVSAGAR ASSAM PIN CODE - 785685. PRESENT RESIDENT OF CARE OF MONOWARA KHATUN RESIDENT OF KATAHBARI POLICE STATION- GARCHUK DISTRICT- KAMRUP (M) ASSAM PIN CODE- 781035 3:HIRUMONI GOGOI Page No.# 2/3 SON OF LATE ROBIN GOGOI @ ROBIN CHANDRA GOGOI RESIDENT OF VILLAGE- KOPOHUA GAON POST OFFICE - BORTOL POLICE STATION - NAZIRA DISTRICT - SIVSAGAR ASSAM PIN CODE - 785685. PRESENT RESIDENT OF CARE OF MONOWARA KHATUN RESIDENT OF KATAHBARI POLICE STATION- GARCHUK DISTRICT- KAMRUP (M) ASSAM PIN CODE- 781035 4:CHANDRA KANTA NATH SON OF LATE THULESWAR NATH RESIDENT OF VILLAGE- LAUFULABORI POLICE STATION- RAHA POST OFFICE- DIGHALIATI DISTRICT- NAGAON ASSAM PIN- 782103 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR. A R AGARWALA (FOR CAVEATOR), MR ADITYA AGARWALA (FOR CAVEATOR) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06.02.2026 1. Heard learned Counsel Mr. A.Kalita for the applicant and Mr. A.R.Agarwala for the Caveator. 2. This interlocutory application under Section 5 of the Limitation Act, 1963 read with Section 173 of the M.V. Act has been filed praying for condoning delay of 176 days in preferring appeal against the Judgment and Order dated 10.03.2025 in MAC Case No. 1638/2018 passed by the learned Member, MACT Page No.# 3/3 No.3, Kamrup (M) at Guwahati in filing the connected MAC Appeal. 3. It is submitted by the applicant that the delay was not intentional. There was no malafide on the part of the applicant. The delay was the result of the entire procedure included in the Lok Adalat as well as information to be forwarded to the head office. 4. It is submitted by learned counsel Mr. A.R.Agarwala that he has no objection if the delay of 176 days is condoned. 5. I have considered the submission at the bar with circumspection. No malafide could be deciphered. Accordingly delay of 176 days is hereby condoned. 6. Registry to register the connected MAC Appeal and reflect the name of the name Mr. A.R.Agarwala in the Cause List. JUDGE Comparing Assistant