Page No.# 1/3 GAHC010113562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1941/2026 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 SO 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/ Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR J KALITA, Linked Case : MACApp./570/2025 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 Page No.# 2/3 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 opposite party No.1. 2. This Interlocutory Application for setting aside the abatement of MAC Appeal No. 570/2025 on failure to substitute the legal heirs of Page No.# 3/3 the respondent No.1 on his death has been filed by the New India Insurance Company/applicant. 3. After considering the ground stated in the instant Interlocutory Application as well as considering that the learned counsel for the opposite party No. 1 does not have any objection to the prayer for setting aside the abatement, this Interlocutory Application is allowed and the abatement of the connected appeal on the death of Naba Kumar Goswami is hereby set aside. JUDGE Comparing Assistant