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2026 DAILYLAW 16885 (GAU)

SMTI DITA SENGYUNG AND ORS. v. UNITED INDIA INSURANCE COMPANY LIMITED AND ORS.

I.A.(Civil)/3615/2026 · 2026-10-13

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/6 GAHC010224372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2727/2026 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT CHIBBAR HOUSE G.S. ROAD GUWAHATI-5 REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE GUWAHATI. VERSUS SMTI. DITA SENGYUNG AND 4 ORS. W/O SHRI DINEN SENGYUNG R/O DOYAPUR P.S.- DHANSIRIPAR DISTRICT- CHUMOUKEDIMA NAGALAND- 797101 2:MASTER BIBOJET SENGYUNG BROTHER OF LT. PRIYASH SENGYUNG R/O DOYAPUR P.S.- DHANSIRIPAR DISTRICT- CHUMOUKEDIMA NAGALAND- 797101 3:MASTER NAITHAR SENGYUNG BROTHER OF LT. PRIYASH SENGYUNG R/O DOYAPUR P.S.- DHANSIRIPAR DISTRICT- CHUMOUKEDIMA NAGALAND- 797101 4:ARUN KR. PANDIT S/O SITARAM PANDIT Page No.# 2/6 R/O HOUSE NO. 18 DHUPLIA LOKHARA HR KIDZEE SCHOOL JYOTIKUCHI GUWAHATI PIN-781034 5:GAUTAM GOWALA S/O GOPAL GOWALA R/O SAMELANGSO BAZAR P.S.- SAMELANGSO DISTRICT- KARBI ANGLONG ASSAM- 782441 ------------ Advocate for : MR. P J BARMAN Advocate for : MR S DIFUSA(R1 2 3) appearing for SMTI. DITA SENGYUNG AND 4 ORS. I.A.(Civil)/3615/2026 SMTI DITA SENGYUNG AND ORS. WIFE OF SHRI DINEN SENGYUNG, RESIDENT OF DOYAPUR, P S DHANSIRIPAR, DISTRICT CHUMOUKEDIMA, NAGALAND 797101. 2: MASTER BIBOJET SENGYUNG BROTHER OF LATE PRIYASH SENGYUNG RESIDENT OF DOYAPUR P S DHANSIRIPAR DISTRICT CHUMOUKEDIMA NAGALAND 797101. 3: MASTER NAITHAR SENGYUNG BROTHER OF LATE PRIYASH SENGYUNG RESIDENT OF DOYAPUR P S DHANSIRIPAR DISTRICT CHUMOUKEDIMA NAGALAND 79710 VERSUS UNITED INDIA INSURANCE COMPANY LIMITED AND ORS. HAVING REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND REGIONAL OFFICE AT CHIBBAR HOUSE, G S ROAD, GUWAHATI 05, REPRESENTED BY ITS REGIONAL MANAGER. 2:SHRI ARUN KUMAR PANDIT SON OF SITARAM PANDIT Page No.# 3/6 RESIDENT OF HOUSE NO 18 DHUPLIA LOKHARA HR KIDZEE SCHOOL JYOTIKUCHI GUWAHATI 781034. 3:SHRI GAUTAM GOWALA SON OF GOPAL GOWALA RESIDENT OF SAMELANGSO BAZAR P S SAMELANGSO DISTRICT KARBI ANGLONG ASSAM 782441 Advocate for the Petitioner : MR S DIFUSA, Advocate for the Respondent : MR. P J BARMAN, Linked Case : RP(FAM.CT.)/0/0 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI- 600014 AND ONE OF THE REGIONAL OFFICE AT CHIBBAR HOUSE G.S. ROAD GUWAHATI-5 REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE GUWAHATI. VERSUS SMTI DITA SENGYUNG WO LT. PRIYASH SENGYUNGR/O- DOYAPUR P/S- DHANSIRIPAR DISTRICTCHUMOUKEDIMA NAGALAND- 797101 2:MASTER BIBOJET SENGYUNG SO LT. PRIYASH SENGYUNGR/O- DOYAPUR P/S- DHANSIRIPAR DISTRICTCHUMOUKEDIMA NAGALAND- 797101 Page No.# 4/6 3:MASTER NAITHAR SENGYUNG BROTHER OF LT. PRIYASH SENGYUNGR/O- DOYAPUR P/S- DHANSIRIPAR DISTRICTCHUMOUKEDIMA NAGALAND- 797101 4:SHRI ARUN KR PANDIT S/O- SITARAM PANDITR/O- HOUSE NO18 DHUPLIA LOKHARA HRKIDZEE SCHOOL JYOTIKUCHI GUWAHATI PIN-781034 5:SHRI GAUTAM GOWALA S/O- GOPAL GOWALAR/O- SAMELANGSO BAZAR P.S. SAMELANGSO DISTRICT KARBI ANGLONG ASSAM-782441 ------------ Advocate for : MR PRANABJYOTI BARMAN Advocate for : appearing for SMTI DITA SENGYUNG BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.10.2026 1. Heard Mr. P. J. Barman, the learned counsel for the applicant/Insurance Company. Also heard Mr. M. Choudhury, the learned counsel for the respondent Nos. 1, 2 and 3/claimants. 2. The Interlocutory Application bearing I.A. (Civil) No. 2727/2026 has been filed by the applicant/Insurance Company praying for condonation of delay of 73 days in preferring the connected MAC Appeal, wherein the judgment and award dated 28.11.2025 passed by the Motor Accident Claims Tribunal, Karbi Anglong in MAC Case No. 03/2024 has been impugned. Page No.# 5/6 3. It appears that while issuing notice to the opposite party, this Court by order dated 11.08.2026 had stayed the execution of the impugned judgment and award (Execution Case No. 3/2024) till the next date, subject to deposit of 50% of the awarded amount by the Insurance Company. 4. The learned counsel for the Insurance Company has submitted that in pursuant to the said direction, the insurance company has already deposited 50% of the awarded amount. 5. Mr. Choudhury, the learned counsel for the opposite party/claimant has submitted that since 50% of the awarded amount has been deposited, and same has been made as a condition for grant of stay, the claimant does not have any objection to the same. 6. However, he submits that the claimants have also preferred a separate Interlocutory Application, i.e., I.A. (Civil) No. 3615/2026 praying for dispersing the said amount to the claimants. 7. The prayer is allowed. 8. Since the stay granted by this Court by order dated 11.08.2026 has not been objected to by the claimants, same is made absolute. The said stay shall continue during the pendency of the connected Motor Accident Claims Appeal, which is yet to be registered. 9. Further, as the claimant is not objecting to the prayer for condonation of delay, and as the grounds stated by the Insurance Company in the Interlocutory Application filed by them, in the considered opinion of this Court, may be regarded as sufficient cause which prevented the Insurance Company from preferring the connected appeal within the prescribed period of limitation, the delay of 73 days in preferring the connected appeal is hereby Page No.# 6/6 condoned, and accordingly, I.A. (Civil) No. 2727/2026 and I.A. (Civil) No. 3615/2026 are allowed and disposed of. 10. The Registry is directed to register the connected MAC Appeal and list the same for admission after Puja Vacation on the date to be fixed by the Registry. JUDGE Comparing Assistant