Gauhati High Court

I.A.(Civil)/2036/2023 of LOKNATH DAHAL @ LOKNATH DAHAK GIRI @ LOKNATH SARMAH Vs NATIONAL INSURANCE CO. LTD. AND ANR. on 22 September 2026

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GAHC010149832023 2026:GAU-AS:14050 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2036/2023 LOKNATH DAHAL @ LOKNATH DAHAK GIRI @ LOKNATH SARMAH S/O LATE KHEMRAJ SRAMAH @ KHEMRAJ DAHAL GIRI, RESIDENT OF VILLAGE NO. 2, PHULBARI, PO

GAHC010149832023

2026:GAU-AS:14050

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/2036/2023

LOKNATH DAHAL @ LOKNATH DAHAK GIRI @ LOKNATH SARMAH

S/O LATE KHEMRAJ SRAMAH @ KHEMRAJ DAHAL GIRI, RESIDENT OF

VILLAGE NO. 2, PHULBARI, PO MADHURIPATHAR, PS SILAPATHAR, DIST

DHEMAJI ASSAM

VERSUS

NATIONAL INSURANCE CO. LTD. AND ANR.

DIV. OFFICE GUWAHATI , GHY 7, KAMRUP M GUWAHATI

2:SRI RAJ RAJAK GIRI

S/O LATE BINDESWAR GIRI

RESIDENT OF PATHAKOWLE

PO BAGAHI BAZAR

PS KHATIYA

DIST GOPALGANJ

BIHAR

TEMPORARY ADDRESS MEBO

PO AND PS PASIGHAT

DIST EAST SIANG

A.

Advocate for the Petitioner : B R DAS, MS M BHARATI

Advocate for the Respondent : MR. K K BHATTA (r-1),

Linked Case :

LOKNATH DAHAL @ LOKNATH DAHAK GIRI @ LOKNATH SARMAH

VERSUS

NATIONAL INSURANCE CO. LTD. AND ANR. A

------------

Advocate for : B R DAS

Advocate for : appearing for NATIONAL INSURANCE CO. LTD. AND ANR. A

BEFORE

HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

Date : 23.09.2026

1. Learned counsel, Mr. B.R. Das, is present for the Applicant and learned counsel, Mr. K.K. Bhatta, is present for the Respondent No. 1.

2. The presence of Respondent No. 2 may not be necessary for the adjudication of this application. Accordingly, the name of Respondent No. 2 is struck off from the array of Respondents.

3. The instant application has been preferred under Section 5 of the Limitation Act, 1963 praying for condonation of 7 [seven] days in filing the connected MAC appeal against the judgment dated 27.03.2023 passed by the learned Motor Accident Claims Tribunal, Tezpur, Sunitpur, in MACT Case No. 02/2021(D).

4. The learned counsel for the Applicant has submitted that the reasons for the delay has been set out at paragraphs 4, 5, 6, 7, 8 and 9 of the application. This

Court has perused the pleadings and has gone through the reasons set out by the Applicant in the paragraphs state above and finds that sufficient cause has been shown for the delay of 7 [seven] days in filing the connected MAC Appeal.

5. Resultantly, the instant application is allowed and the delay of 7 [seven] days is condoned.

6. The application is disposed of.

7. The Registry is directed to list MACApp./8100/2023 for Admission after a week. The Registry is also directed to reflect the name of Mr. K.K. Bhatta as counsel for the Respondent No. 1. JUDGE Comparing Assistant

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