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National Insurance Co. Ltd. v. Smti Idulnisha Begum and 8 Ors.

Gauhati HC2 Dec 2025I.A.(Civil)/93/2025

Case brief

AI extract

What is this about?

Condonation of delay; 19 days' delay; prescribed period of limitation; sufficient reason; MAC Appeal MACApp./9/2025; National Insurance Co Ltd; Gauhati High Court Kohima Bench; Justice Arun Dev Choudhury; maintainability objection reserved to admission stage; motor accident claimants - widow, parents, sister and minor children of Late Abdul Hakim; vehicle owner Fayaz Uddin; Dimapur, Nagaland / Lakhipur, Cachar, Assam; causelist direction.

What did the court decide?

Condonation of the 19 days' delay in preferring MACApp./9/2025; Registry directed to proceed with the appeal, with the maintainability question reserved for consideration at the admission stage and Mr. Sarif Ahmed's name to be reflected in the causelist. ¶38

National Insurance Co. Ltd. Vs Smti Idulnisha Begum and 8 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 19 days in preferring the connected MAC Appeal (MACApp./9/2025) ought to be condoned. +1 more

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Court's answer

The reason disclosed for the delay is, in the considered opinion of the Court, sufficient reason which prevented the appellant from approaching the Court in filing the connected appeal within the prescribed period of limitation.

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Ratio / Principle

The delay of 19 days in preferring the connected MAC Appeal stands condoned.

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Key takeaways

The Registry is to proceed with the appeal, but the question of maintainability raised by respondent nos. 1 to 7 is expressly kept open and shall be considered when the matter is listed for admission.ratio¶39

Detailed headnote1 paragraphs

Gauhati High Court, Kohima Bench (Arun Dev Choudhury, J.), order dated 03.12.2025 in I.A.(Civil)/93/2025 - an application by National Insurance Co Ltd, appellant in the connected MACApp./9/2025 (a claimant group comprising the widow, father, mother, sister, minor sons and minor daughter of Late Abdul Hakim, along with the vehicle owner Shri Fayaz Uddin), seeking condonation of 19 days' delay in preferring that appeal. Holding the explanation at paragraph-6 of the application to be 'sufficient reason' preventing filing within the prescribed period of limitation, the Court condoned the delay. The objection of respondent nos. 1 to 7 to the maintainability of the appeal was noted but not decided: the Registry was directed to proceed with the appeal, the maintainability question being expressly reserved for the admission stage, and the name of Mr. Sarif Ahmed, counsel for respondent nos. 1 to 7, was directed to be reflected in the causelist. No statutory provision or precedent was cited and no monetary amount was involved.

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GAHC020003352025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : I.A.(Civil)/93/2025

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NATIONAL INSURANCE CO LTD

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HAVING ITS REGISTERED AND HEAD OFFICE AT PREMISES NO. 180374, PLOT NO. CBD-81, NEW TOWN, KOLKATA-700156 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES, INCLUDING A REGIONAL OFFICE ATGUWAHATI, ASSAM AND A BUSINESS OFFICE AT DIMAPUR IN THE STATE OF NAGALAND

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VERSUS

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SMTI IDULNISHA BEGUM AND 8 ORS

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W/O LATE ABDUL HAKIM, R/O VILLAGE MANIPUR PART II, P.S LAKHIPUR DISTRICT-CACHAR ASSAM, PRESENTLY RESIDING AT NEISATOU COLONY, KHER MAHAL, DIMAPUR, NAGALAND (WIFE OF THE DECEASED)

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2:SHRI ABDUL RASHI F/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 3:SMTI. SABURJAN BIBI M/O THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY

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KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 4:KHAMNURAI NESHA MINOR SISTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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5:MASTER ABDUL KALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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6:MASTER ABDUL SALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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7:MISS SAMSUN NESHA MINOR DAUGHTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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8:SHRI FAYAZ UDDIN S/O IRSHAD ALI R/O KHEL MAHAL NEISATUO COLONY

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DIMAPUR NAGALAND. (OWNER OF THE VEHICLE

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Advocate for the Petitioner : KEDUVI ZHOTSO,

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Advocate for the Respondent : ,

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Linked Case : MACApp./9/2025

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NATIONAL INSURANCE CO. LTD HAVING ITS REGISTERED AND HEAD OFFICE AT PREMISES NO. 180374 PLOT NO. CBD-81 NEW TOWN KOLKATA-700156 AND REGIONAL AND DIVISIONAL OFFICES IN SEVERAL PLACES INCLUDING A REGIONAL OFFICE ATGUWAHATI ASSAM AND A BUSINESS OFFICE AT DIMAPUR IN THE STATE OF NAGALAND

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VERSUS SMTI IDULNISHA BEGUM AND 7 ORS W/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S LAKHIPUR DISTRICT-CACHAR ASSAM PRESENTLY RESIDING AT NEISATOU COLONY KHER MAHAL DIMAPUR NAGALAND (WIFE OF THE DECEASED) 2:SHRI ABDUL RASHI F/O LATE ABDUL HAKIM R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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3:SMTI. SABURJAN BIBI M/O THE DECEASED

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R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 4:KHAMNURAI NESHA MINOR SISTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 5:MASTER ABDUL KALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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6:MASTER ABDUL SALAM MINOR SON OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED) 7:MISS SAMSUN NESHA MINOR DAUGHTER OF THE DECEASED R/O VILLAGE MANIPUR PART II P.S. LAKHIPUR DIST- CACHAR-ASSAM. PRESENTLY RESIDING AT NEISATOU COLONY KHEL MAHAL DIMAPUR NAGALAND (FATHER OF THE DECEASED)

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8:SHRI FAYAZ UDDIN S/O IRSHAD ALI R/O KHEL MAHAL NEISATUO COLONY DIMAPUR NAGALAND. (OWNER OF THE VEHICLE)

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-----------Advocate for : KEDUVI ZHOTSO

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Advocate for : LHOUSINO appearing for SMTI IDULNISHA BEGUM AND 7 ORS

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BEFORE

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HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

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O R D E R

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03.12.2025

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Heard learned counsel for the applicant, Mr. Keduvi Zhotso, as well as Mr. Sarif Ahmed for the respondent nos. 1 to 7 and Ms. Lhousino for the proforma respondent no. 1.

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This is an application for condonation of delay of 19 (nineteen) days in preferring the connected MAC Appeal. The delay has been explained at paragraph-6. Perused the same.

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The learned counsel for the respondent nos. 1 to 7 has raised an objection as to the maintainability of the connected appeal. The reason disclosed, in the considered opinion of this Court, is sufficient reason which prevented the appellant in approaching this Court in filing the connected appeal within the prescribed period of limitation. Accordingly, the delay stands condoned.

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Registry to proceed with the appeal. However, it is made clear that the question of maintainability shall be considered when the matter is

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listed for admission.

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While listing the appeal for admission, the name of Mr. Sarif Ahmed, learned counsel for the respondent nos. 1 to 7 be reflected in the casuselist.

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JUDGE

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Comparing Assistant