Page No.# 1/3 GAHC010099662023 2025:GAU-AS:14012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1291/2023 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI. VERSUS SMT JAYANTI RAJBANGSHI and 3 ORS H W/O LATE PRADIP DAS 2:LETOM DAS S/O LATE PRADIP DAS 3:NILAKHYA DAS D/O LATE PRADIP DAS ALL ARE R/O VILL. GARIGAON BAZPARA C/O GAUHATI UNIVERSITY HOSPITAL CAMPUS NEAR MIRA DAS QUARTER P.S. JALUKBARI DIST. KAMRUP ASSAM 4:AKAN RAJBANGSHI R/O RUKMINI NAGAR Page No.# 2/3 HOUSING COLONY P.S. DISPUR GUWAHATI 781006 DIST. KAMRUP ASSAM OWNER OF VEHICLE NO. AS-25/4568 SCOOTER ------------ Advocate for : MS.M SAIKIA Advocate for : appearing for SMT JAYANTI RAJBANGSHI and 3 ORS H BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 22.10.2025 Heard Mr. R Goswami, learned counsel for the applicant. Also heard Mr. S K Goswami, learned counsel for the respondent/claimant Nos. 1 to 3. This interlocutory application is filed for setting aside the abetment and for substitution of the legal heirs of the respondent No. 4, Sri. Akan Rajbongshi in the connected MACApp. No. 158/2015. Brief facts of the case are that during pendency of the connected appeal being MACApp. No. 158/2015, the respondent No. 4, Sri. Akan Rajbongshi expired on 28.08.2007 leaving behind his surviving legal heirs, namely, (i) Sri Barnam Jyoti Rajkashyap, (ii) Smti. Saswati Rajkashyap and (iii) Smti Anushree Rajkashyap. Though the legal heirs ought to have been substituted in place of the respondent No. 4, as the right to sue survives, however, since the substitution application could not be filed within the time frame, the connected appeal stood abated against the said respondent No. 4. Hence, the present interlocutory application has been filed for setting aside the said abatement. Heard the learned counsels for the parties and perused the materials available on record. The grounds in support of the prayer made in the instant interlocutory application are sufficient and bona fide for allowing the instant interlocutory application for setting aside the abetment of the connected appeal against the respondent No. 4, Sri. Akan Page No.# 3/3 Rajbongshi. Accordingly, the instant interlocutory application, stands allowed and disposed of. JUDGE Comparing Assistant