Page No.# 1/4 GAHC010036922025 2026:GAU-AS:1693 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2510/2025 NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, G.S. ROAD, GUWAHATI 07 VERSUS SABITRI INGTI @ ENGITIPI MOTHER OF LATE RAHUL TERANG, W/O SRI HARSING TERANG, R/O VILL. TELAHI, APAKARBI, P.S. DHARAMTUL, DIST. MORIGAON, ASSAM, PIN 782412 2:JITENDRA BHUYAN S/O LATE KARUN KR. BHUYAN R/O HOUSE NO. 44 NOONMATI MATHGHARIA P.S. NOONMATI DIST. KAMRUP (M) ASSAM PIN 781020 3:MD. NASIR UDDIN S/O MD. RASID ALI R/O PURONI TELAHI P.S. DHARAMTUL DIST. MORIGAON ASSAM 78241 Advocate for the Petitioner : MR. R K BHATRA, A BIYANI,MS P HUJURI Page No.# 2/4 Advocate for the Respondent : MR. A T SARKAR (R-1), S R DAS (R-1) Linked Case : C.APPLN/0/0 NEW INDIA ASSURANCE CO LTD HAVING ITS REGD OFFICE AT 87 MG ROAD FORT MUMBAI 400001 AND ONE OF THE NO9RTH EATERN REGIONAL OFFICE AT LACHIT NAGAR GS ROAD GUWAHATI- 7810074 VERSUS SABITRI INGTI ALIAS ENGITIPI M/O- LATE RAHUL TERANG W/O- HARSING TERANG R/O- VILL- TELAHI APAKARBI PS DHARAMTUL DIST- MORIGAON ASSAM PIN- 782412 ------------ Advocate for : MS SAMIN AKTARA KHALIFA Advocate for : appearing for SABITRI INGTI ALIAS ENGITIPI Linked Case : RP(FAM.CT.)/0/0 NEW INDIA ASSURANCE CO LTD HAVING ITS REGD OFFICE AT 87 MG ROAD FORT MUMBAI 400001 AND ONE OF THE NO9RTH EATERN REGIONAL OFFICE AT LACHIT NAGAR GS ROAD GUWAHATI- 7810074 VERSUS SABITRI INGTI ALIAS ENGITIPI M/O- LATE RAHUL TERANG W/O- HARSING TERANG Page No.# 3/4 R/O- VILL- TELAHI APAKARBI PS DHARAMTUL DIST- MORIGAON ASSAM PIN- 782412 ------------ Advocate for : MS SAMIN AKTARA KHALIFA Advocate for : appearing for SABITRI INGTI ALIAS ENGITIPI BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 09.02.2026 Heard Ms. A Biyani, learned counsel for the applicant. Also heard Mr. A T Sarkar, learned counsel for the respondent No.1. By way of this application under Section 5 of the Limitation Act, 1963, the applicant is seeking condonation of delay of 48 days in filing the connected appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 03.10.2024 passed in MAC Case No. 2077/2019 by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati, whereby a sum of Rs. 4,14,269/- was awarded to the claimant to be paid within 30 days from the date of the judgment with interest @ 9%/annum from the date of filing of the case, i.e., 23.09.2019 till realization. It is contended that the delay of 48 days occurred, primarily due to the time consumed for obtaining certified copy and the decision taken to prefer the connected appeal and thereafter in preparation and filing thereof. Mr. A T Sarkar, learned counsel for the respondent No.1 does not oppose to Page No.# 4/4 the delay being condoned. 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 48 days stands condoned. Registry to register and list the connected appeal accordingly. The instant interlocutory application, stands allowed and disposed of. JUDGE Comparing Assistant