New India Assurance Company Ltd vs Sumi Medhi And 4 Ors
2023 Latest Caselaw 1525 Gua

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GAHC010217052022




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

                           Case No. : I.A.(Civil)/3182/2022

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001, AND
         REGIONAL OFFICE AT G.S. ROAD, GUWAHATI- 5, REPRESENTED BY THE
         CHIEF REGIONAL MANAGER.



         VERSUS

         SUMI MEDHI AND 4 ORS.
         W/O LT. NIPON MEDHI,
         VILL.- BARJARI,
         P.O.- BARPAK,
         P.S.- JAGIROAD,
         DIST.- MORIGAON, ASSAM.

         2:DIPALI MEDHI
         W/O MAHESH MEDHI

         VILL.- BARJARI

         P.O.- BARPAK

         P.S.- JAGIROAD

         DIST.- MORIGAON
         ASSAM.

         3:KALPANA MEDHI
          D/O MAHESH MEDHI

         VILL.- BARJARI
                                                        Page No.# 2/5

            P.O.- BARPAK

            P.S.- JAGIROAD

            DIST.- MORIGAON
            ASSAM.

            4:MAHESH MEDHI
             S/O LT. HARICHARAN MEDHI

            VILL.- BARJARI

            P.O.- BARPAK

            P.S.- JAGIROAD

            DIST.- MORIGAON
            ASSAM.

            5:DARSHAN SINGH AND GURJIT SINGH
             S/O LT. JOGINDAR SINGH

            VILL.- MANICK TALA

            P.O.- ICHAPUR

            P.S.- NAOPARA

            DIST.- NORTH 24 PARGANA (WEST BENGAL)

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR. A BARUAH (OP1-OP4)




             Linked Case :

            NEW INDIA ASSURANCE COMPANY LTD.



             VERSUS

            SUMI MEDHI AND 4 ORS. E
                                                                     Page No.# 3/5




           ------------
           Advocate for : MR SISHIR DUTTA
           Advocate for : appearing for SUMI MEDHI AND 4 ORS. E



            Linked Case :

           NEW INDIA ASSURANCE COMPANY LTD.



            VERSUS

           SUMI MEDHI AND 4 ORS. E



           ------------
           Advocate for : MR SISHIR DUTTA
           Advocate for : appearing for SUMI MEDHI AND 4 ORS. E



                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

Date : 19.04.2023.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 29 days in preferring the connected appeal against the judgment and decree dated 09.06.2022 passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC (Death) in Case No. 29/2017.

Service in respect of respondent nos. 1, 2, 3 & 4 is complete and are being represented by Mr. J. P. More.

The learned counsel for the applicant submits that the connected appeal Page No.# 4/5

relates to the quantum of compensation awarded.

The respondent nos. 5 is the owner of the offending vehicle. Therefore, the said respondent is not necessary for determination of the present applicant as well as for determination of the connected appeal in as much as there is no dispute as regard the Insurance policy and the driving license.

Be that as it may, without entering into merit of such submission, the name of respondent no. 5 is deleted from the array of parties at the risk of applicant.

The cause of delay is explained at paragraph- 4 of the connected application.

Learned counsel appearing for the respondents that he will have no objection, if delay is condoned.

Considering the submission of the learned counsel for the respondents as well as the pleadings made in the paragraph 4 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

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Registry to register the connected appeal, if same is not defective and list for Admission, showing the name of Mr. J. P. More, learned counsel for the respondents.

JUDGE

Comparing Assistant