Page No.# 1/3 GAHC010113562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1942/2026 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 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD Page No.# 2/3 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. Since the opposite party No. 1 is the claimant in this case, all notices to other opposite parties in this Interlocutory Application is waived. 3. This Interlocutory Application has been filed by the applicant for condoning the delay of two days in preferring the application for Page No.# 3/3 substituting the legal heirs of the respondent No. 1/claimant, who has expired on 02.01.2026. 4. The prayer is not opposed to by the learned counsel for the other side. 5. Considering the reasons stated in the instant Interlocutory Application as well as considering the short period of delay involved in this case, the delay of two days in preferring the substitution application and application for setting aside the abatement is hereby, condoned and this Interlocutory Application is allowed. JUDGE Comparing Assistant