Page No.# 1/4 GAHC010113562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1940/2026 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR .LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007. VERSUS SRI NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI S/O LATE ARABINDA GOSWAMI VILLAGE-SONDHA KAIRARA P.O.-SONDHA P.S AND DISTRICT-NALBARI ASSAM PIN-781337 INJURED 2:SRI MUKUT SARMA S/O SRI DHARANI SARMA VILLAGE-DIGHELI P.O-BARDIGHELI P.S AND DISTRICT-NALBARIASSAM PIN-781371 THE RESPONDENT NO.1 BEING BEDRIDDEN IS REPRESENTED BY THE RESPONDENT NO.2.CLAIMANTS 3:SRI SARAT KALITA S/O SRI HARIN KALITA VILLAGE-SONDHA P.O-SONDHA P.S AND DISTRICT NALBARI ASSAM PINCODE781337. OWNER CUM RIDER OF THE VEHICLE AS14L-0820M/C ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. J KALITA appearing for SRI NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI Linked Case : MACApp./570/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 Page No.# 2/4 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007 VERSUS NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI S/O LATE ARABINDA GOSWAMI R/O VILLAGE-KAIRARA P.O.-SONDHA P.S AND DISTRICT-NALBARI ASSAM PIN-781337 INJURED 2:MUKUT SARMA S/O SRI DHARANI SARMA R/O VILLAGE-DIGHELI P.O-BARDIGHELI P.S AND DISTRICT-NALBARI ASSAM PIN-781371 CLAIMANT THE RESPONDENT NO.1 BEING BEDRIDDEN IS REPRESENTED BY THE RESPONDENT NO.2 3:SARAT KALITA S/O SRI HARIN KALITA R/O-VILLAGE-SONDHA P.O-SONDHA P.S AND DISTRICT- NALBARI ASSAM PINCODE-781337. OWNER-CUM-RIDER OF VEHICLE AS-14L-0820 ------------ Advocate for : MONDAKINI SAIKIA Advocate for : MR. J KALITA (R-1) appearing for NABA KUMAR GOSWAMI ALIAS NABA GOSWAMI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.08.2026 1. Heard Ms. P. Borthakur, the learned counsel for the applicant. Also heard Mr. A. Ali, the learned counsel for the claimant/respondent. Page No.# 3/4 2. This application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 has been field by the applicant–Insurance Company in connection with the MAC Appeal No. 570/2020 praying for substituting the legal heirs of the deceased respondent No.1 in his place. 3. In the connected appeal, the learned counsel for the applicant has submitted that the respondent No.1 has expired on 02.01.2026 leaving behind following legal heirs. a. Smt. Binapani Goswami b. Smt. Arati Devi 4. She submits that there was a delay in filing of the Instant substitution Application, however, in the connected Interlocutory Application filed by the present application the delay has been condoned and the abatement of the appeal has also been set aside. 5. She submits that the legal heirs of the diseased respondents may be substituted in his place as the respondent No. 1(1) and the respondent No.1(2) in the Memo of Appeal. 6. The prayer is not opposed to by the learned counsel for the other sides. 7. Hence, the same is allowed. Page No.# 4/4 8. The appellant is directed to submit the cause title in the Memo of Appeal showing the legal heirs of the deceased respondent, namely, (1) Smt. Binapani Goswami as respondent No.1 (1) and Smt. Arati Devi as respondent No.1(2) in place of the deceased respondent. 9. Let this matter be listed again after two weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant