United India Insurance Company Limited vs Suruj Mahali And Ors
2024 Latest Caselaw 399 Gua

Gauhati High Court

United India Insurance Company Limited vs Suruj Mahali And Ors on 24 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                Page No.# 1/3

GAHC010292112023




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

                         Case No. : I.A.(Civil)/215/2024

         UNITED INDIA INSURANCE COMPANY LIMITED
         A PUBLIC SECTOR UNDERTAKING COMPANY, REGISTERED AND
         INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED
         OFFICE AT 24 WHITES ROAD, CHENNAI- 600014 WITH ONE OF ITS
         REGIONAL OFFICE AT CHIBBER HOUSE, 2ND FLOOR, G.S. ROAD,
         GUWAHATI- 5, REP. BY ITS REGIONAL MANAGER, GUWAHATI, ASSAM.



         VERSUS

         SURUJ MAHALI AND ORS.
         W/O LATE BIRAJ MAHALI.

         1.2:SHASHI MAHALI
          S/O LATE BIRAJ MAHALI.

         1.3:MAJULA MAHALI
          D/O LATE BIRAJ MAHALI.
         ALL ARE RESIDING AT R/O VILL.- LEPETKATTA TEA ESTATE
          JUNGLE LINE
          P.O.- BORBORUAH
          P.S.- LEPETKATTA
          DIST.- DIBRUGARH
         ASSAM
          PIN- 786006.

         2:BAKUL DADHARA
          S/O LATE T. DADHARA

         R/O VILL.- JAMIRA GOHAIN GAON
         BORBORUAH
         P.O. AND P.S- BORBORUAH
         DIST.- DIBRUGARH
                                                                              Page No.# 2/3

             ASSAM
             PIN- 786007.

            3:ANI HAZARIKA
             S/O SRI UMESH HAZARIKA

            R/O VILL.- KATHALGURI

            P.O. AND P.S- DIBRUGARH
             DIST.- DIBRUGARH
            ASSAM
             PIN- 786001

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent : MS M BARMAN (R-1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

24.01.2024

Heard Mr. R. C. Paul, learned counsel for the petitioner and Ms. M. Barman, learned counsel appearing for the respondent Nos. 1(a), 1(b) and 1(c)/claimants.

Regarding respondent Nos. 2 and 3, who are the owner and driver, the learned counsel for the petitioner submits that as matter relates to the quantum of compensation, so the presence of respondent Nos. 2 and 3 are not necessary in the proceeding of the appeal and their names may be struck of.

Accordingly, on the submission of the learned counsel for the petitioner, the names of respondent Nos. 2 and 3 are struck off from the array of respondents.

This is an application under Section 5 of the Limitation Act read with Section Page No.# 3/3

173(1) proviso of Motor Vehicle Act, 1988, praying for condoning the delay of 35 days in filing the appeal against the judgment and order dated 16.08.2023 passed by the learned Member, MACT No.1, Kamrup(M), Guwahati in MAC Case No. 986/2016.

It is submitted by the learned counsel for the petitioner that the quantum of compensation has been negotiated between the claimants and the Insurance Company as such the delay of 35 days may be condoned.

Ms. M. Barman, learned counsel appearing for the respondent Nos. 1(a), 1(b) and 1(c) has made no objection on the prayer of the petitioner.

Accordingly, delay of 35 days in filing the appeal is hereby condoned.

In view of above, this Interlocutory Application stands disposed of.

Registry is directed to register the appeal and list the same for admission hearing by showing the name of M. Barman, learned counsel appearing for the respondent Nos. 1(a), 1(b) and 1(c).

JUDGE

Comparing Assistant