Page No.# 1/3 GAHC010002682024 2026:GAU-AS:302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/84/2024 RANI DEKA AND ANR. (MOTHER OF DECEASED) W/O LATE KHANINDRA DEKAI, R/O KUMARGAON, P.O. AND P.S.- TEZPUR, DIST.- SONITPUR, ASSAM. 2: PRIYANKA DEKA (SISTER OF DECEASED) R/O KUMARGAON P.O. AND P.S.- TEZPUR DIST.- SONITPUR ASSAM VERSUS MANOHAR LAL GUPTA AND 2 ORS. S/O RAM CHANDRA, VILL.- PAKRI MOTIHA, P.O.- MOTIA, ALLAHABAD, P.S.- HANDIA, DIST.- ALLAHABAD, UTTAR PRADESH. 2:SANDEEP DAS S/I LT. HARI DAS VILL. AND P.O.- LALMATTI DIST.- SONITPUR ASSAM. 3:NATIONAL INSURANCE CO. LTD. TEZPUR BRANCH DISTRICT- SONITPUR ASSAM Page No.# 2/3 PIN- 784001 Advocate for the Petitioner : MR. K BHATTACHARJEE, MR. S KHAN,MS B TALUKDAR,MS. A BARMAN Advocate for the Respondent : MR. A J SAIKIA(R-3), MR. S. PEGU(R-3),M CHETIA(R-3) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA JUDGMENT Date : 08-01-2026 Heard Mr. A.U. Ahmed, the learned counsel appearing on behalf of Mr. K. Bhattacharjee, the learned counsel for the applicant/appellant. Also heard Mr. A.J. Saikia, the learned counsel for respondent no. 3. 2. This is an application u/s 5 of the Limitation Act praying for condonation of delay of 1 day in preferring the connected appeal against the judgment and award dated 30.03.2023 passed by the learned Member, MACT, Sonitpur in MAC Case No. 53 of 2021 (Death) filed under 166 of Motor Vehicles Act, 1988. 3. It is submitted by Mr. Ahmed that only due to financial difficulties, the applicant could not arrange for an Advocate to file the appeal within time and there is one day delay in preferring the appeal. There is no lapse or negligence on the part of the present appellant and accordingly he submitted that delay of one day may be condoned. Mr. Saikia, the learned counsel for the respondent no. 3 raised no objection here. 4. Considering the submissions made by learned counsel for both sides, also considering the ground mentioned in the petition, the IA is allowed condoning the delay of one day in preferring the connected appeal against the judgment Page No.# 3/3 and award dated 30.03.2023 passed by the learned Member, MACT, Sonitpur in MAC Case No. 53 of 2021 (Death). 5. Registry is directed to list the appeal after registering and numbering. Further the Registry is hereby directed to reflect the name of Mr. A.J. Saikia as counsel for respondent no. 3 as and when the matter will be listed. 6. In view of this, the IA stands disposed of. JUDGE Comparing Assistant