Gauhati High Court
I.A.(Civil)/3105/2026 of BASISTHA DEKA Vs FATEMA BEGUM AND 2 ORS. on 8 October 2026
GAHC010182922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3105/2026 BASISTHA DEKA SON OF UMAKANTA DEKA, RESIDENT OF VILLAGE- GARIAPARA, MANGALDOI, P.O. AND P.S.- MANGALDOI, DISTRICT- DARRANG, ASSAM, VERSUS FATEMA BEGUM
GAHC010182922026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3105/2026
BASISTHA DEKA
SON OF UMAKANTA DEKA, RESIDENT OF VILLAGE- GARIAPARA, MANGALDOI, P.O. AND P.S.- MANGALDOI, DISTRICT- DARRANG, ASSAM,
VERSUS
FATEMA BEGUM AND 2 ORS.
W/O NASIRUDDIN SARKAR, R/O WARD NO.-3, KHARUPETIA TOWN, P.O.
AND P.S.- KHARUPETIA, DISTRICT- DARRANG, ASSAM, PIN-784115
OWNER OF VEHICLE NO. AS-01/W8222-TATA INDICA
2:NAZRUL ISLAM
S/O LATE AMZAD ALI
R/O WARD NO.-3
P.O. AND P.S.- KHARUPETIA
DISTRICT- DARRANG
ASSAM
PIN-784115 DRIVER OF VEHICLE NO. AS-01/W8222-TATA INDICA
3:THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.
MANGALDOI BRANCH P.O. AND P.S.- MANGALDOI
DISTRICT-DARRANG
ASSAM
PIN-784125 INSURER OF VEHICLE NO. AS-01/W8222-TATA INDIC
Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. A BORUA(R1,2),
Page No.# 2/4
Linked Case : RP(FAM.CT.)/0/0
BASISTHA DEKA
SON OF UMAKANTA DEKA RESIDENT OF VILLAGEGARIAPARA
MANGALDOI
P.O. P.S.- MANGALDOI
DISTRICT-DARRANG
ASSAM
VERSUS
FATEMA BEGUM
W/O NASIRUDDIN SARKAR R/O WARD NO.-3
P.O. P.S.- KHARUPETIA
DISTRICT- DARRANG
ASSAM PIN-784115 OWNER OF VEHICLE NO. AS-01/W8222-TATA INDICA
2:NAZRUL ISLAM
S/O LATE AMZAD ALI R/O WARD NO.-3
KHARUPETIA TOWN
P.O. P.S.- KHARUPETIA
DISTRICT- DARRANG
ASSAM PIN-784115 DRIVER OF VEHICLE NO. AS-01/W8222-TATA INDICA
3:THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.
MANGALDOI BRANCH P.O. P.S.- MANGALDOI DISTRICT-DARRANG
ASSAM PIN-784125 INSURER OF VEHICLE NO. AS-01/W8222-TATA INDICA
------------
Advocate for : ABHILASH BHATTACHARYYA
Advocate for : appearing for FATEMA BEGUM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
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ORDER
09.10.2026
1. Heard Mr. A Bhattacharyya, the learned counsel for the applicant. Also heard Mr. A Baruah, the learned counsel for the respondent Nos. 1 and 2.
2. This interlocutory application has been filed by the applicant, Mr. Basistha Deka praying for condoning the delay of 19 days in filing the connected MAC Appeal against the judgment and award dated 07.05.2026 passed by the Motor Accident Claims Tribunal, Darrang, Mangaldai in MAC (Injury) Case No. 14/2018.
3. The learned counsel for the applicant submits that the reason for delay in filing the connected appeal has been mentioned in paragraph Nos. 2 and 3 in the instant application.
4. The learned counsel for the respondent Nos. 1 and 2 has not raised any objection against the said prayer.
5. After going through the records of this case and after considering the submissions made by the learned counsel for both the sides, this court is of considered opinion that the reasons for delay mentioned in the instant application by the applicant may be regarded as sufficient cause which prevented him from approaching this court within the prescribed period of limitation in filing the connected appeal. As such, the delay of 19 days in preferring the connected appeal is hereby condoned and this IA is allowed.
6. The Registry is directed to register the connected appeal and list the same for admission after Puja vacation.
7. Registry shall also reflect the name of Mr. A Baruah as learned counsel for the respondent Nos. 1 and 2 in the cause list henceforth. JUDGE Comparing Assistant