Page No.# 1/4 GAHC010225862024 2026:GAU-AS:8158 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3414/2024 THE NEW INDIA ASSURANCE CO LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781007, AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY. VERSUS LAKHANLAL CHOUHAN AND 2 ORS S/O. LATE RAMESH CHOUHAN, VILL. GARUBANDHA, MAUZA-CHATIAL, P/O. AND P/S. JAKHALABANDHA, DIST. NAGAON, ASSAM, PIN-782136. 2:SIDDHARTHA CHOUDHURY S/O. LATE PULIN CHOUDHOURY C/O. JURI BARUAH F/NO. 301 MEGHMALLAR HOUSE RUKMINIGAON P/S. DISPUR DIST. KAMRUP(M) ASSAM PIN-781006. 3:KASHIMUDIN S/O. MAHIBOT UDDIN R/O. DIPOTA P/O. AND P/S. TEZPUR DIST. SONITPUR ASSAM PIN-784150 Page No.# 2/4 Advocate for the Petitioner : MR. A J SAIKIA, MR. S. PEGU Advocate for the Respondent : MS. A. BORAH (R-1), MR M KHAN(R-1),MR N Z CHOUDHURY(R-1),S LASKAR(R-1) Linked Case : THE NEW INDIA ASSURANCE CO LTD VERSUS LAKHANLAL CHOUHAN AND 2 ORS ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for LAKHANLAL CHOUHAN AND 2 ORS Linked Case : THE NEW INDIA ASSURANCE CO LTD VERSUS LAKHANLAL CHOUHAN AND 2 ORS ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for LAKHANLAL CHOUHAN AND 2 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 10.06.2026 Heard Mr. A. J. Saikia, learned counsel for the applicant and Mr. N. Z. Choudhury, learned counsel for the opposite party No. 1. 2. Mr. Saikia, learned counsel for the applicant has pointed out that service in this matter has been completed. 3. This interlocutory application, under Section 5 of the Limitation Act, is preferred by the applicant for condonation of delay of 55 days in preferring the connected MAC Appeal, against the Judgment and Award, dated 27.05.2024, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, Assam, in MAC Case No. 22/2019. 4. Mr. Saikia, learned counsel for the applicant submits that though, the judgment was delivered on 27.05.2024, yet, the certified copy of the said judgment was received only on 07.06.2024 and thereafter, the applicant herein had observed some formalities, such as obtaining legal opinion, etc., and in the process, a delay of 55 days had occurred and the same is not intentional, rather, it is circumstantial and under such circumstances, he has contended to condone the same. 5. Mr. Choudhury, learned counsel for the opposite party No. 1 submits that he has no objection. 6. Accordingly, taking note of the submissions of the learned counsel for both the parties and also considering the explanation put forward for the Page No.# 4/4 delay of 55 days, this Court is of the view that the delay is sufficiently explained and accordingly, the same stands condoned. 7. In terms of the above, this interlocutory application stands disposed of. 8. In terms of the order passed in this interlocutory application, Registry shall register the connected MAC Appeal and list the same before this Court, as soon as practicable. JUDGE Comparing Assistant