Allowed

United India Insurance Co. Ltd. v. Smti Luchi Sangma and 11 Ors.

Gauhati HC10 Mar 2024I.A.(Civil)/211/2019

Case brief

AI extract

What is this about?

The Court condoned a delay of 53 days in filing a connected appeal in a motor accident claim matter, finding sufficient cause and no objection from respondents. Respondents 9 to 12 were struck off the cause title. The incidental application was allowed.

What did the court decide?

Delay of 53 days condoned; connected appeal registered for admission; respondents 9-12 struck off cause title.

United India Insurance Co. Ltd. Vs Smti Luchi Sangma… — Motor Accident Claims | Gauhati HC (2024)

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Page No.# 1/5

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GAHC010011632019

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

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Case No. : I.A.(Civil)/211/2019

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UNITED INDIA INSURANCE CO. LTD

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HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI AND ONE OF THE REGIONAL OFFICE AT GS ROAD, GUWAHATI 05(ASSAM)

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VERSUS

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SMTI LUCHI SANGMA AND 11 ORS W/O LATE CHARMINGSTAR MARAK, RESIDENT OF VILLAGE BEKENANG , PO BAJENGDOBA, PS MENDIPATHAR, DIST EAST GARO HILLS, MEGHALAYA, 794002

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2:SRI BELTESHAZZAR SANGMA S/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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3:MISS MOMTHA SANGMA D/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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4:MISS THAMANA SANGMA

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Page No.# 2/5

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D/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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5:THENGRAM SANGMA S/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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6:ISHOW SANGMA S/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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7:OMNI MARAK

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MOTHER OF THE DECEASED W/O LATE CHARMINGSTAR MARAK

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RESIDENT OF VILLAGE BEKENANG PO BAJENGDOBA PS MENDIPATHAR DIST EAST GARO HILLS MEGHALAYA 794002

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8:SANTOSH SARMA

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S/O SRI KESHAB SARMA

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RESIDENT OF VILLAGE DUDHNOI

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PO AND PS DUDHNOI 783124

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DIST GOALPARA

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ASSAM OWNER OF THE VEHICLE NO AS-01-P-4689(ALTO CAR) 9:MANORANJAN ROY S/O ARJUN ROY VILLAGE KARKOSHI PO AND PS DAHELA 783125 DIST GOALPARA ASSAM DRIVER OF THE VEHICLE NO AS-01-P-4689(ALTO CAR) 10:M/S UNIVERSAL SHAMPO GENERAL INSURANCE CO LTD. KOLKATA BRANCH OFFICE KOLKATTA WEST BENGAL INSURER OF THE VEHICLE NO AS-18-C-0637(TRUCK) 11:SHRI ARUN CHOUDHURY S/O RASHLAL CHOUDHURY VILL KAJAPATI PO AND PS JOGIGHOPA. DIST BONGAIGAON 783382 OWNER OF THE VEHICLE NO AS-18-C-0637(TRUCK) 12:SHRI RATAN CH BARMAN S/O LATE N.CH BARMAN VILLAGE DEOLI DWARKA PO AND PS AGIA DIST GOALPARA ASSAM 783120 DRIVER OF THE VEHICLE NO AS-18-C-0637(TRUCK

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Advocate for the Petitioner : MR. K K BHATTA

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Advocate for the Respondent : MR H DAS

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BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 11-03-2024

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Heard Ms. S. Sarma, learned counsel for the applicant and Mr. H. Das. learned counsel for respondent Nos. 2 and 7.

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Mr. S Das, the learned counsel for the appellant submits that the respondent Nos. 9 to 12 are not necessary party and hence, their names may be struck off from the memo appeal.

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Prayer is allowed.

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The name of respondents Nos. 9 to 12 be struck off from the cause title of the memo of appeal at the risk of appellant.

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This application is filed under section 5 of the limitation Act, 1963 for condoning the delay of 53 days in filing the connected appeal.

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The reasons for delay have been explained in paragraph 4 and 5 of the appeal. On perusal of the said paragraph, this Court satisfies that the applicant was prevented by sufficient cause from filing the connected appeal within a stipulated period of time. Moreover, the respondent has no objection, if the delay of 53 days in filing the connected appeal is condoned.

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In view of the above, the delay of 53 days in preferring the connected appeal is hereby condoned. Registry is directed to register the connected appeal for admission.

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With above observations, the I.A stand allowed and disposed of.

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JUDGE

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Comparing Assistant

United India Insurance Co. Ltd. v. Smti Luchi Sangma and 11 Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Smti Luchi Sangma and 11 Ors.

Case brief

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What did the court decide?

What the court decided

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