Page No.# 1/5 GAHC010049722025 2026:GAU-AS:1692 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/828/2025 THOREN MARAK @ TUREN MARAK S/O. LT. DHIREN SANGMA, VILL.- BOSITOMPARA, P/O. PANISHALI, P/S. LAKHIPUR, DIST. GOALPARA, ASSAM. VERSUS THE HDFC ERGO GENERAL INSURANCE CO. LTD. AND 4 OTHERS REP BY ITS MANAGER, HAVING ITS HEAD OFFICE AT 1ST FLOOR, HDFC HOUSE, 165-166 BACKBAY RECLAMATION, HT PAREKH MARG, CHURCHGATE, MUMBAI, MAHARASHTRA-400020 2:THE DIVISIONAL MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD. REP. BY ITS DIVISIONAL MANAGER 6TH FLOOR ADITYAM BUILDING LACHIT NAGAR G.S. ROAD GUWAHATI KAMRUP (M) ASSAM. 3:ROFIQUL ISLAM S/O. NUR ISLAM MONDAL VILL.- BOLLAPURI P/O. ROWKHOWA P/S. CHUNARI DIST. GOALPARA ASSAM PIN-783129. 4:THE DIVISIONAL MANAGER Page No.# 2/5 SBI GENERAL INSURANCE CO. LTD. LAKSHI DARSHAN BUILDING 2ND FLOOR G.S. ROAD OPPOSITE BORA SERVICE STATION COMPLEX ULUBARI GUWAHATI KAMRUP (M) ASSAM. 5:JANARDAN NATH S/O. SASHINDRA NATH VILL.- BAKAITARI PART-I P/O. AND P/S. MATIA DIST. GOALPARA ASSAM PIN-783125 Advocate for the Petitioner : Tanzil Tarin Moni, MR. A M KHAN Advocate for the Respondent : MS L SHARMA (R-1,2), MR. K K BHATTA (R-1,2) Linked Case : RP(FAM.CT.)/0/0 THOREN MARAK ALIAS TUREN MARAK GOALPARA ASSAM VERSUS THE HDFC ERGO GENERAL INSURANCE CO LTD REP BY ITS MANAGER MUMBAI MAHARASHTRA 2:THE DIVISIONAL MANAGER HDFC ERGO GENERAL INSURANCE CO LTD REP BY ITS DIVISIONAL MANAGER GUWAHATI Page No.# 3/5 ASSAM 3:ROFIQUL ISLAM GOALPARA ASSAM 4:THE DIVISIONAL MANAGER SBI GENERAL INSURANCE CO LTD GUWAHATI ASSAM 5:JANARDAN NATH GOALPARA ASSAM ------------ Advocate for : Tanzil Tarin Moni Advocate for : appearing for THE HDFC ERGO GENERAL INSURANCE CO LTD BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 09.02.2026 Heard Mr. A M Khan, learned counsel for the applicant. Also heard Ms. L Sharma, learned counsel for the respondent Nos. 1 & 2. By way of this application under Section 5 of the Limitation Act, 1963, the applicant is seeking condonation of delay of 8 days in filing the connected appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned order dated 29.10.2024 passed in MAC Case No. 368/2022 by the learned Member, Motor Accident Claims Tribunal, Goalpara, whereby the claim petition of the appellant has been dismissed. Office Note dated 04.02.2026 records as under – “Notice has been issued to R/Nos. 1 to 5 by Regd. Post with A/D vide Memo No. Page No.# 4/5 HC.XVIII/1231-1235/CA dtd. 29/07/2025 and by Usual Process vide Memo No. HC.XVIII/1236-1238/CA dtd. 29/07/2025. Advocates have entered appearance on behalf of R/Nos. 1 and 2 by filing vakalatnama. Service report of R/Nos. 3, 4 and 5 has arrived with the following statement by the Process Server: R/No. 3: The respondent was not at home and the notice was instead received and signed by his brother. R/No. 4: The notice was received by an employee of SBI General Insurance Co. Ltd. R/No. 5: The respondent was not at home and the notice was instead received and signed by his brother. Placed at the flag marked “Service Report” In view of the above, service of notice is deemed to be complete in respect of the respondent Nos. 3, 4 & 5. It appears that the delay of 8 days occurred while filing the connected appeal, primarily on the grounds of taking steps in furnishing the relevant documents for preparation of the appeal. Ms. L Sharma, learned counsel for the respondent Nos. 1 & 2 fairly submits before the Court that she has no instruction to oppose to the prayer for condonation. Having heard the learned counsels for the parties and having perused the grounds of delay, which appears to be sufficient and bonafide, the delay of 8 days stands condoned. Registry to register and list the connected appeal accordingly. The instant interlocutory application, stands allowed and disposed of. Page No.# 5/5 JUDGE Comparing Assistant