Page No.# 1/3 vs United India Insurance Company ...
2023 Latest Caselaw 289 Gua

                                                             Page No.# 1/3

GAHC010158912022




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

                           Case No. : I.A.(Civil)/116/2023



         ON THE DEATH OF RAJIB URANG HIS LEGAL HEIR MONALISHA URANG
         AND ANR.
         W/O LATE RAJIB URANG

         VILL.- GOSHANIBOR

         P.O.- SILIJURI

         P.S.- BOKAKHAT

         DIST.- GOLAGHAT
         ASSAM
         PIN- 785609.

         2: ANKUSH URANG
         S/O LATE RAJIB URANG

         VILL.- GOSHANIBOR

         P.O.- SILIJURI

         P.S.- BOKAKHAT

         DIST.- GOLAGHAT
         ASSAM
         PIN- 785609.
         VERSUS

         UNITED INDIA INSURANCE COMPANY LIMITED
         REP. BY ITS BRANCH MANAGER
         PANDU BARNCH
         AMIN ROAD
                                                                        Page No.# 2/3

           ADABARI
           GUWAHATI
           DIST.- KAMRUP (METRO)
           PIN- 781014.


          ------------
          Advocate for : MR N C KALITA
          Advocate for : appearing for UNITED INDIA INSURANCE COMPANY LIMITED



                                     BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

25. 01. 2023

Heard Ms. SR Majarbhuyan, learned counsel for the applicants.

Raju Urang and Rajib Urang have filed one MAC appeal assailing the judgment and award dated 03.10.2019 in MAC case No. 2536/2016. The said MAC case No. 2536/2016 was preferred by one Raju Urang and one Rajib Urang on the death of one Parbati Urang in a motor vehicular accident. However, there were delay of 4 days in preferring the aforesaid MAC appeal. Accordingly, an application for condonation of said 4 days was filed, which is registered as IA(Civil) 114/2023.

Before the aforesaid IA (Civil) 114/2023 could be moved, the appellant No. 1/ applicant No.1 in IA (Civil) 114/2023 had expired on 28.09.2020. Accordingly, an application for substitution of legal heirs of said Raju Urang was filed. However, there is 11 days delay in filing the substitution petition and accordingly the present application is filed, which was registered as IA (Civil) 116/2023. The delay of 11 days in preferring the substitution petition has been explained at paragraph 4 of the application.

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As the appeal yet not been registered in view of the delay in filing the said appeal and in view of the peculiar circumstances that before the delay condonation petition filed for condonation of delay in preferring the main appeal, the appellant No. 1 had died, this court is of the view that this condonation of 11 days in preferring the substitution petition, without issuing notice to the other parties, shall not prejudice the contesting respondents.

Accordingly, the delay of 11 days in preferring the substitution petition is condoned.

IA stands disposed of.

Accordingly, the Registry to register the IA filed for substitution of the legal heir of appellant No. 1 in un-registered MAC appeal as well as in IA (Civil) 114/2023, which was filed for condonation of 4 days in preferring the connected appeal.

JUDGE

Comparing Assistant