Page No.# 1/3 GAHC010285962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/10/2026 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7. VERSUS SMT TULIKA BORAH AND 3 ORS W/O- LATE MODAN BORAH 2:NIHAR JYOTI BORAH S/O LATE MODAN BORAH BOTH ARE R/O VILL. SAMGURI MIRIGAON P.O. DEOTULA P.S. NARAYANPUR DIST. LAKHIMPUR ASSAM PIN 784164 3:PULAK BORAH S/O KAMAL BORAH R/O VILL. SARUKATHANI P.O. BIHPURIA P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784169 4:PURNA GOGOI S/O LUHIT GOGOI R/O PUWAI SAIKIA P.O. MACHKHOWA Page No.# 2/3 P.S. DHEMAJI DIST. DHEMAJI ASSAM PIN 78705 Advocate for the Petitioner : MR. S K GOSWAMI, MS P SARMA,MR. R SHARMA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.03.2026 1. Heard Mr. R. Sharma, learned counsel for the applicant. 2. On perusal of the office note dated 23.03.2026, it appears that notice issued to the respondent Nos. 1 and 3 has returned after due service. It also appears that since the respondent No. 2 is minor and he is the son of the respondent No. 1, the notice is deemed to be served on him also. 3. Further, the learned counsel for the applicant submits that since the connected appeal is filed by the Insurance Company only with regard to the quantum of the compensation awarded to the claimants notices to the driver i.e., respondent No. 4 may be waived in this interlocutory application. 4. The prayer is allowed. 5. This application under Section 5 of the Limitation Act has been preferred of the Oriental Insurance Company Limited praying for condoning the delay of 19 days in preferring the connected appeal whereby the judgment and award dated 17.07.2025 passed by the Motor Accident Claims Tribunal, Lakhimpur, North Lakhimpur, in MAC Case No. 29/2022 has been impugned. Page No.# 3/3 6. The applicant has stated the reasons for delay in approaching this court in paragraph Nos. 2 and 3 of this interlocutory application. 7. After going through the said reasons, this court is of the opinion that same may be regarded as sufficient cause which prevented the applicant in approaching this court in preferring the connected appeal within prescribed period of limitation, accordingly, the delay of 19 days in preferring the connected appeal is hereby 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 it. JUDGE Comparing Assistant