Page No.# 1/3 GAHC010014412026 2026:GAU-AS:5377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/452/2026 AIMAN NESSA ALIAS AIMON NESSA AND ANR W/O LT. HASSEN ALI 2: ARFAN ALI S/O LT. HASSEN ALI BOTH ARE R/O VILL. BHOMORAGURI P.O. BHAIKHUNA CHAPORI P.S. TEZPUR DIST. SONITPUR ASSAM PRESENTLY RESIDING AT KABAITARY RAILWAY QTR JOGIGHOPA DIST. BONGAIGAON ASSAM VERSUS THE NEW INDIA ASSURANCE CO LTD REPRESENTED BY THE DIVISIONAL MANAGER, BONGAIGAON DIVISION, BONGAIGAON, P.O. AND DIST. BONGAIGAON, ASSAM, PIN 783380 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : MR. R K BHATRA, A BIYANI,MS. R DAS,P C SANGMA Linked Case : RP(FAM.CT.)/0/0 AIMAN NESSA ALIAS AIMON NESSA AND ANR Page No.# 2/3 W/O LT. HASSEN ALI VERSUS THE NEW INDIA ASSURANCE CO LTD REPRESENTED BY ITS DIVISIONAL MANAGER BONGAIGAON DIVISIONI BONGAIGAON P.O. AND DIST. BONGAIGAON ASSAM PIN783380 ------------ Advocate for : MR. MOLLAH KHAN Advocate for : appearing for THE NEW INDIA ASSURANCE CO LTD BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.04.2026 1. Heard Mr. S. Islam, learned counsel for the applicant. Also heard Mr. R. K. Bhatra, learned counsel for the opposite party, Insurance Company. 2. This application under Order under Section 5 of the Limitation Act has been preferred by the applicants/claimants for condoning the delay of 18 days in filing the connected MAC Appeal, whereby, and a judgment and order dated 20.09.2025 passed by the Motor Accident Claimants Tribunal, Bongaigaon in MAC Case No. 126/2020 has been impugned. Though the issuance of the opposite party has filed a written objection against the said prayer. However, Page No.# 3/3 after going though the grounds stated in paragraph Nos. 3 & 4 of the instant interlocutory application, this court is of the considered opinion that the applicants were prevented by sufficient cause in approaching the court for filing the connected MAC Appeal within the prescribed period of limitation. Accordingly, the delay of 18 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed. 4. 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. JUDGE Comparing Assistant