New India Assurance Company Ltd vs Smti. Lakhimi Giri And 5 Ors
2021 Latest Caselaw 2788 Gua

                                                                  Page No.# 1/3

GAHC010032842020




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

                         Case No. : I.A.(Civil)/540/2020

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
         FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
         FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR, G.S. ROAD,
         GUWAHATI- 781007.



         VERSUS

         SMTI. LAKHIMI GIRI AND 5 ORS
         W/O- LATE BUDHIRAM GIRI, R/O- VILL.- HANSARA PATHER GAON, P.O.
         AND P.S. DOOMDOMA, DIST.- TINSUKIA, ASSAM, PIN- 786190.

         2:SRI PAWAN GIRI
          S/O- LATE BUDHIRAM GIRI
          R/O- VILL.- HANSARA PATHER GAON
          P.O. AND P.S. DOOMDOMA
          DIST.- TINSUKIA
         ASSAM
          PIN- 786190.

         3:SRI RATAN GIRI
          S/O- LATE BUDHIRAM GIRI
          R/O- VILL.- HANSARA PATHER GAON
          P.O. AND P.S. DOOMDOMA
          DIST.- TINSUKIA
         ASSAM
          PIN- 786190.

         4:SRI BABUL PROJA
          S/O- LATE MONUJ PROJA
          R/O- 2 NO. MINIMIKATA
          P.O. AND P.S. DOOMDOMA
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             DIST.- TINSUKIA
             ASSAM
             PIN- 786151.

            5:SRI PINTU DAS
             S/O- HORE KRISHNA DAS
             R/O- VILL.- KAKURATOLI RALI PARA
             P.O. AND P.S. DOOMDOMA
             DIST.- TINSUKIA
            ASSAM
             PIN- 786151.

            6:SMTI. GITA GIRI (CHETRY)
            W/O- SRI PURUSTTAM CHETRY
             R/O- BIJULIBARI
             DULIAJAN
             P.O. AND P.S. DULIAJAN
             DIST.- DIBRUGARH
            ASSAM
             PIN- 786602

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MS. S KAKATI




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 10-11-2021

Heard Ms. P. Borthakur, learned counsel for the applicant and Mr. N. Hasan, learned counsel for the respondents No. 1, 2 & 3.

Office note dated 05.10.2021 shows that the learned counsel for the respondent No. 5 has entered appearance.

Ms. Borthakur, learned counsel for the applicant submits that the present application has been filed challenging the quantum of the award passed in the impugned judgment. According to Ms. Borthakur, the Page No.# 3/3

respondent No. 4 was the rider of the motorcycle and therefore he is not a necessary party in this matter. It is also submitted that the respondent No. 6, though is the daughter of the deceased, did not contest the proceeding before the Tribunal and therefore, she is also not a necessary party.

Accordingly, on the basis of the submissions made by the learned counsel for the parties, the names of the respondents No. 4 and 6 shall be struck off from the memo of appeal.

Service is complete.

The present application is filed under Section 5 of the Limitation Act praying for condonation of 87 days delay in preferring the connected appeal.

In his usual fairness, Mr. N. Hasan, learned counsel for the respondents No. 1, 2 & 3 submits that he would have no objection if the delay of 87 days is condoned in filing the appeal.

On the basis of the submission made by the learned counsel for the parties, the delay of 87 days in filing the appeal is condoned.

The Registry is directed to register the connected appeal and list the matter for admission.

I.A. stands disposed of.

JUDGE

Comparing Assistant