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2025 DAILYLAW 12219 (GAU)

UNITED INDIA INSURANCE COMPANY LTD v. SMT JAYANTI RAJBANGSHI and 3 ORS

I.A.(Civil)/1290/2023 · 2025-10-21

Kaushik Goswami

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Judgment text

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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)/1290/2023 in MACApp. No. 158/2015 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 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 Page No.# 2/3 R/O RUKMINI NAGAR 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 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 under Order XXII Rule 4 of the Code of Civil Procedure, seeking substitution of the legal heirs of the respondent No. 4, Sri Akan Rajbangshi in the connected MACApp. No. 158/2015. It appears that during pendency of the connected appeal, the respondent No. 4, Sri Akan Rajbangshi has expired on 28.08.2007, leaving behind his following legal heirs – (i) Sri Barnam Jyoti Rajkashyap (ii) Smti. Saswati Rajkashyap (iii) Smti Anushree Rajkashyap Upon hearing the learned counsel for the parties and perusal of the materials available on record and in the absence of any objection from the learned counsel for the respondents, this Court is satisfied that the above named persons are the legal heirs/representatives of the deceased Respondent No. 4 and are entitled to be brought on record in substitution. Accordingly, the instant interlocutory application, stands allowed and disposed of. Page No.# 3/3 The above named, Sri Barnam Jyoti Rajkashyap, Smti. Saswati Rajkashyap and Smti Anushree Rajkashyap be substituted as Respondent Nos. 4A, 4B and 4C respectively, in place of the deceased respondent No. 4, Sri Akan Rajbangshi. Let the amended cause-title be furnished before the Registry for doing the needful. JUDGE Comparing Assistant