THE NATIONAL INSURANCE CO. LTD. v. BARASHA PHUKAN AND 5 ORS.
I.A.(Civil)/3700/2025 · 2026-02-04
Mitali Thakuria
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2825 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2825 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010242052025
2026:GAU-AS:1514
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3700/2025 in MAC APP No. 13902/2025 (Filing Number) THE NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED HEAD OFFICE AT PLOT NO.CBD-81, NEW TOWN, KOLKATA700156 AND THE REGIONAL OFFICE AT BHANGAGARH,GUWAHATI-781005, REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, INSURER OF THE VEHI VERSUS BARASHA PHUKAN AND 5 ORS. W/O. LT. HEMANTA PHUKAN 2:SRI. AJOY PHUKAN S/O. LT. HEMANTA PHUKAN 3:SMTI. DEBOBALA PHUKAN W/O. SRI. INDESWAR PHUKAN 4:SRI. INDESWAR PHUKAN S/O. LT. HEMANTA PHUKAN ALL ARE R/O. VILL.- KALALUR NAMDUNG BLK P/O. DHEMECHI P/S. MORAN DIST. DIBRUGARH ASSAM PIN-785675 PRESENTLY RESIDING AT- C/O. BIRESWAR GOGOI VILL.- THOWRA MAJ GAON P/O. RAJMAI P/S. DEMOW DIST. SIVASAGAR
Page No.# 2/3 ASSAM PIN-785662 5:SRI. KANDARPA SAGAR DIHINGIA S/O. SAHJAHAN DEHINGIA R/O. TELIYA PATHAR GAON P/O. AND P/S. MORAN DIST. DIBRUGARH ASSAM. 6:SRI. ATUL BARUAH S/O. SUKUMAR BARUAH R/O. MOHKHUTI BORBAM GAON P/O. AND P/S. DEMOW DIST. SIVASAGAR ASSA Advocate for the Petitioner : MRS. D DAS BARMAN, MR. P K BARMAN Advocate for the Respondent : B R DAS (R-1 TO 4),
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 05-02-2026 Heard Mrs. D. Das Barman, learned counsel for the applicant/appellant and Mr. B. R. Das, learned counsel for the respondent No.1. This matter is identified for sending it to the mediation, but it is seen that the appeal is yet to be registered. This interlocutory application has been filed under Section 5 of the Limitation Act for condonation of delay of 150 days in preferring the connected appeal against the judgment and award dated 30.04.2025, passed by the learned Member, MACT, No.1, Saivasar in MAC Case No. 39/2021. Ms. Barman, learned counsel submitted that the applicant came to know
Page No.# 3/3 about the judgment only on 11.03.2025 through their engaged counsel. Further it is submitted by Ms. Barman, learned counsel that there is no laches or negligence on the part of the applicant. However, there is a delay of 150 days as a whole in preferring the connected appeal which occurred in observing some official formalities, in obtaining the certified copy, engaging the counsel and also in preparing the appeal. Mr. Das, learned counsel raised no objection in condoning the delay of 150 days.
Considering the submissions made by the learned counsel for the applicant and also considering the grounds mentioned in the petition, which are considered to be reasonable and justified and also for the ends of justice, the delay of 150 days in preferring the connected appeal is hereby condoned. The Registry is directed to register and number the connected appeal and list the appeal after two weeks, on a date to be fixed by it. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant