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2026 DAILYLAW 2297 (GAU)

NATIONAL INSURANCE COMPANY LTD. v. KAHINUR BEGUM AND 6 ORS

I.A.(Civil)/3155/2025 · 2026-02-01

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010169792025 2026:GAU-AS:1283 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3155/2025 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE VERSUS KAHINUR BEGUM AND 6 ORS W/O. LT. SAHAB UDDIN 2:MAFIJUL HOQUE S/O. LT. SAHAB UDDIN 3:SAFIK ALOM S/O. LT. SAHAB UDDIN 4:SHAHANAS BEGUM D/O. LT. SAHAB UDDIN 5:GUNJAR ALI ALL ARE R/O. VILL.- TENTONPUR P/O. KIRTONPARA P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 (RESPONDENT NO. 2 3 AND 4 BEING MINOR ARE REP. BY THE RESPONDENT NO. 1) 6:ALI HUSSAIN S/O. GULJAR HUSSAIN R/O. VILL.- TENTONPUR P/O. TILPUKHURI Page No.# 2/3 P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 7:AWAL HOQUE ZODDAR S/O. AKKASH ALI R/O. VILL.- TILPUKHURI P/O. TILPUKHURI P/S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR. M KHAN (R-1 TO 4), MR. K R PATGIRI (R-6,7),MS J AKTAR(R-1 TO 4),MR A K DAS(R-1 TO 4) Linked Case : RP(FAM.CT.)/0/0 NATIONAL INSURANCE COMPANY LTD GUWAHATI VERSUS KAHINUR BEGUM AND ORS BONGAIGAON ------------ Advocate for : Tridib Kalita Advocate for : appearing for KAHINUR BEGUM AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 02.02.2026. Heard Mr. T. Kalita, learned counsel for the applicant/appellant. Also heard Mr. M. Khan, learned counsel appearing for the claimants/respondent No.1—4 and Page No.# 3/3 Ms. P. Talukdar, learned counsel for the respondent Nos.6 & 7. This is an application Section 5 of the Limitation Act read with Section 173 of the Motor Vehicle Act, 1988, praying for condonation of delay of 114 days, in pursuant to the connected appeal against the judgment and award dated 30.11.2024, passed by the learned Member, MACT, Bongaigaon, in MAC Case No.144/2021. Mr. Kalita, learned counsel for the applicant/appellant submitted that there was delay of 114 days in preferring the connected appeal for collection of the certified copy as well as for official correspondence. Mr. Khan, learned counsel for the claimants/respondent No.1—4 and Ms. Talukdar, learned counsel for the respondent Nos.6 & 7 have raised no objection and submitted that they do not have any objection if the delay of 114 days is condoned in preferring the present appeal. Considering the submissions made by learned counsel for the parties and the grounds mentioned, which are considered to be reasonable and justified, the delay of 114 days in filing the present appeal is hereby condoned. The Registry is accordingly directed to register the appeal and list the same accordingly, reflecting the name of the learned counsel for the parties in the cause list as well as in the case record. This Interlocutory Application stands disposed of accordingly. JUDGE Comparing Assistant