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2026 DAILYLAW 3255 (GAU)

TATA AIG INSURANCE CO. LTD. v. MRS TASLIMA KHATUN AND 6 ORS

I.A.(Civil)/268/2026 · 2026-03-29

Mridul Kumar Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/7 GAHC010019312026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/268/2026 TATA AIG INSURANCE CO. LTD. HAVING ITS REGISTERED AND CORPORATE OFFICE AT 15TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, G K MARG, LOWER PAREL, MUMBAI,ITS ZONAL OFFICE AT 3RD FLOOR, MAYUR GARDEN, G.S. ROAD, G.S. ROAD, GUWAHATI, ASSAM IS REPRESENTED BY ITS DEPUTY -MANAGER, LEGAL CLAIMS VERSUS MRS TASLIMA KHATUN AND 6 ORS WIFE OF LATE ISMAIL ALI 2:MISS ISHTIKHARA KHATUN DAUGHTER OF LATE ISMAIL ALI 3:MD ABU NASIM TOHID SON OF LATE ISMAIL ALI 4:MDABU TALHA SON OF LATE ISMAIL ALI 5:MDABDUL BAREK SON OF LATE ABBAS ALI ALL ARE THE RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICT- MORIGAON ASSAM RESPONDENT NOS. 2 3 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 1 6:MD AIJUL Page No.# 2/7 SON OF ABDUL JALIL RESIDENT OFVILLAGE- KARATIPAM POLICE STATIONKARATIPAM DISTRICT- MORIGAON ASSAM PIN CODE-782105 OWNER OF THE VEHICLE BEARING NO. AS 21/C6465 7:MD ATAB HUSSAIN AHMED SON OF ABDUL MUTALIB RESIDENT OF VILAGE- GOROIMARI POLICE STATION- LAHORIGHAT DISTRICTMORIGAON ASSAM PIN CODE 782127 DRIVER OF THE VEHICLE BEARING NO. AS 21/C646 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : B SARMA(R1TO 5), MR. M TALUKDAR(R1TO 5) Linked Case : RP(FAM.CT.)/0/0 TATA AIG GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT 15TH FLOOR TOWER A PENINSULA BUSINESS PARK G K MARG LOWER PAREL MUMBAI MAHARASHTRA 400013 INDIA ITS ZONAL OFFICE AT 3RD FLOOR MAYUR GARDEN G.S. ROAD OPPOSITE HDFC BANK G.S. ROAD GUWAHATI 781 VERSUS MRS TASLIMA KHATUN Page No.# 3/7 AGED ABOUT 39 YEARS WIFE OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR 2:MISS ISHTIKHARA KHATUN DAUGHTER OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 3:MD ABU NASIM TOHID AGED ABOUT 13 YEARS SON OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 4:MD ABU TALHA AGED ABOUT 8 YEARS SON OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 5:MD ABDUL BAREK SON OF LATE ABBAS ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 6:MD AIJUL Page No.# 4/7 SON OF ABDUL JALIL RESIDENT OF- VILLAGE- KARATIPAM POLICE STATIONKARATIPAM DISTRICT- MORIGAON ASSAM PIN CODE-782105 OWNER OF THE VEHICLE BEARING NO. AS 21/C-6465 7:MD ATAB HUSSAIN AHMED SON OF ABDUL MUTALIB RESIDENT OF VILLAGEGOROIMARI POLICE STATION- LAHORIGHAT DISTRICT- MORIGAON ASSAM PIN CODE782127 DRIVER OF THE VEHICLE BEARING NO. AS 21/C-6465 ------------ Advocate for : Tridib Kalita Advocate for : appearing for MRS TASLIMA KHATUN Linked Case : C.APPLN/0/0 TATA AIG GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND CORPORATE OFFICE AT 15TH FLOOR TOWER A PENINSULA BUSINESS PARK G K MARG LOWER PAREL MUMBAI MAHARASHTRA 400013 INDIA ITS ZONAL OFFICE AT 3RD FLOOR MAYUR GARDEN G.S. ROAD OPPOSITE HDFC BANK G.S. ROAD GUWAHATI 781 VERSUS MRS TASLIMA KHATUN AGED ABOUT 39 YEARS WIFE OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM Page No.# 5/7 POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 2:MISS ISHTIKHARA KHATUN AGED ABOUT 15 YEARS DAUGHTER OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT 3:MD ABU NASIM TOHID AGED ABOUT 13 YEARS SON OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 4:MD ABU TALHA AGED ABOUT 8 YEARS SON OF LATE ISMAIL ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 5:MD ABDUL BAREK SON OF LATE ABBAS ALI RESIDENTS OF- VILLAGEKOPOUJARI POST OFFICE- KARATIPAM POLICE STATION- MORIGAON DISTRICTMORIGAON ASSAM PIN CODE- 782105 RESPONDENT NOS. 2 3 AND 4 BEING MINOR ARE REPRESENTED BY THE RESPONDENT NO. 6:MD AIJUL SON OF ABDUL JALIL RESIDENT OF- VILLAGE- KARATIPAM Page No.# 6/7 POLICE STATIONKARATIPAM DISTRICT- MORIGAON ASSAM PIN CODE-782105 OWNER OF THE VEHICLE BEARING NO. AS 21/C-6465 7:MD ATAB HUSSAIN AHMED SON OF ABDUL MUTALIB RESIDENT OF VILLAGEGOROIMARI POLICE STATION- LAHORIGHAT DISTRICT- MORIGAON ASSAM PIN CODE782127 DRIVER OF THE VEHICLE BEARING NO. AS 21/C-6465 ------------ Advocate for : Tridib Kalita Advocate for : appearing for MRS TASLIMA KHATUN BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.03.2026 1. Heard Mr. T. Kalita, the learned counsel for the applicant. Also heard Mr. M. Talukdar, the learned counsel for the opposite party Nos. 1 to 5/claimant. 2. The learned counsel for the opposite parties/claimant submits that he does not have any objection if the delay in preferring the connected appeal is condoned in this Interlocutory Application. 3. Considering the submissions made by the learned counsel for the opposite party/claimant as well as considering the fact that the main grievance in the connected appeal is regarding the quantum of compensation paid to the claimants, the notice to the respondent Nos. 6 and 7 is hereby waived. 4. I have considered the submissions made by the learned counsel Page No.# 7/7 for both sides and have gone through the reasons stated in Paragraph Nos. 4 to 10 of the instant Interlocutor Application for delay in preferring the connected appeal by the present applicant. 5. Considering the aforesaid reason to be sufficient cause which prevented the application in preferring the connected appeal within the prescribed limitation, the delay of 168 days in preferring the connected MAC Appeal is hereby condoned and this Interlocutory Application is allowed. 6. 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. 7. The name of Mr. M. Talukdar, may be reflected in the cause list as the engaged counsel for the claimant/respondent, henceforth. JUDGE Comparing Assistant