Allowed

The National Insurance Company Ltd. v. Sri Nilutpal Das and 3 Ors.

Gauhati HC15 Sept 2026I.A.(Civil)/1674/2026

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an interlocutory application filed by the appellant insurance company. The court considered a prayer for condonation of a 64-day delay in filing a connected Motor Accident Compensation appeal. Upon hearing counsel and reviewing the grounds for delay, which were not explicitly detailed in this order, the court found sufficient cause for the lapse. The prayer was allowed, and directions were issued to the registry to register and list the appeal for admission.

What did the court decide?

Condonation of delay of 64 days in filing the connected appeal allowed; Registry directed to register and list the appeal for admission.

The National Insurance Company Ltd. Vs Sri Nilutpal… — Company and Corporate | Gauhati HC (2026)

Page No.# 1/4

GAHC010096442026

undefined

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

¶5

Case No. : I.A.(Civil)/1674/2026

¶6

THE NATIONAL INSURANCE COMPANY LTD REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, BHANGAGARH, G.S. ROAD, GUWAHATI-5.

¶7

VERSUS

¶8

SRI NILUTPAL DAS AND 3 ORS. S/O- NRIPEN CH. DAS, R/O- VILL- TEBITOLA, P.S- TAMULPUR, DIST.TAMULPUR, ASSAM.

¶9

2:SRI NRIPEN CH. DAS S/O- ADYA DAS R/O- VILL- TEBITOLA P.S- TAMULPUR DIST.-TAMULPUR ASSAM 3:SRI MATALEP SHEIKH S/O- ALEP SHEIKH VILL.- BANDARKHOWA P.S- SARBHOG DIST.-BARPETA ASSAM 4:SRI SIRAFUL ISLAM S/O- JAINAL ABDEEN VILL.- GELPEJHAR P.S- SARBHOG DIST.-BARPETA ASSAM

¶10

Advocate for the Petitioner : MR. P J BARMAN, MS R TADO

¶11

Page No.# 2/4

¶12

Advocate for the Respondent : MR. J KALITA(R2), MS. E R BAISHYA(R2)

¶13

In MACAppeal Case No. 5488/2026 With MACAppeal Case No. 5488/2026 (Filing Number) With I.A.(Civil) No. 5490/2026 (Filing Number)

¶14

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

¶15

ORDER

¶16

16.09.2026

¶17

[1] Heard Mr. P.J. Barman, the learned counsel appearing for the applicant. Also heard Mr. J. Kalita, the learned counsel for the respondents/claimants.

¶18

[2] The Office Note dated 27.08.2026 shows that the notice issued to respondent No. 3 has been served.

¶19

[3] It is also submitted by the learned counsel for the applicant the notice issued to respondent No. 4 has not yet been served. However, he submits that considering the fact that the connected appeal is only with respect to the quantum of the compensation, a notice to respondent No. 4 may be waived.

¶20

[4] The prayer is allowed.

¶21

[5] This interlocutory application has been filed by the applicant, namely, The National Insurance

¶22

Page No.# 3/4

¶23

Company Limited praying for condonation of delay of 64 days in filing the connected appeal.

¶24

[6] The learned counsel for the applicant submits that the reason for delay has been stated in paragraph Nos. 2 to 8 of this interlocutory application. [7] On the other hand, Mr. J. Kalita, the learned counsel for the claimants/opposite parties submits that he does not have any objection if the delay is condoned. [8] I have considered the submissions made by the learned counsel for both sides and have gone though the materials on record. After considering the grounds stated in the instant interlocutory application, this court is of the opinion that said grounds may be regarded as sufficient cause which prevented the applicant insurance company in preferring the connected appeal within the prescribed period of limitation.

¶25

[9] As such, the delay of 64 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed.

¶26

[10] The Registry is directed to register the connected MACAppeal and list the same for admission in the next week, on a date to be fixed by it.

¶27

[11] The Registry is also directed to reflect the name of Mr. J. Kalita as the engaged counsel for the respondent Nos. 1 and 2/claimants in the cause-list.

¶28

[12] The applicant is also directed to furnish a

¶29

Page No.# 4/4

¶30

copy of memo. of appeal, along with annexure to the learned counsel for the claimants/respondents before the next date fixed.

¶31

[13] List accordingly.

¶32

JUDGE

¶33

Comparing Assistant

The National Insurance Company Ltd. v. Sri Nilutpal Das and 3 Ors.

Case brief

What is this about?

What did the court decide?

The National Insurance Company Ltd. v. Sri Nilutpal Das and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases