Page No.# 1/3 GAHC010271092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3954/2024 in MACApp./111/2021 REKHA BASUMATARY W/O- LATE RANJAN BASUMATARY, VILL.- HATILUNG (BANTOW BANGALI), P.O. KHELMATI, P.S. LAKHIMPUR, LAKHIMPUR-787031, DIST.- NORTH LAKHIMPUR, ASSAM. VERSUS NEW INDIA ASSURANCE CO. LTD., REP. BY ITS REGIONAL MANAGER, G.S. ROAD, ULUBARI, P.O. GUWAHATI- 781007, DIST.- KAMRUP(M), ASSAM. Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. S DUTTA, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 05.02.2025 Heard Mr. AR Agarwala, learned counsel for the applicant. Also heard Ms. M. Choudhury, learned counsel for the respondent – Insurance Company. 2. This is an application filed under Order 22 Rule 3 read with Section 151 of Page No.# 2/3 the Code of Civil Procedure, 1908 for substitution of the name of Smti. Rekha Basumatary wife of late Ranjan Basumatary in MACApp./111/2021. 3. It is submitted that during the pendency of the appeal, the claimant Ranjan Basumatary passed away on 12.11.2024, and in the meantime, the case was amicably settled between the parties in the Lok Adalat held on 14.12.2024, wherein Smti. Rekha Basumatary wife represented her late husband Ranjan Basumatary on his behalf. The Lok Adalat directed the Insurance Company, to pay an additional amount of Rs.4,20,000/- (Rupees four lakh twenty thousand only) to the claimant. However, after the death of the claimant / appellant, his legal heir is yet to be substituted. Therefore, it is prayed that the appellant Ranjan Basumatary (since deceased) in MACApp./111/2021, may be substituted by his wife and legal heirs Smti. Rekha Basumatary. 4. The aforesaid prayer is not objected by the learned counsel for the Insurance Company. 5. Accordingly the prayer is allowed. 6. Let the name of Smti. Rekha Basumatary be replaced in place of Ranjan Basumatary (since deceased) in MACApp./111/2021. 7. Since the Smti. Rekha Basumatary wife of late Ranjan Basumatary had already represented before the Lok Adalat for settlement and the Court had directed to pay the additional amount of Rs.4,20,000/- (Rupees four lakh twenty thousand only) to the claimant, the Insurance Company is accordingly directed to deposit the said amount in the Bank account of Smti. Rekha Basumatary wife of late Ranjan Basumatary. The appellant shall furnish the Bank account of Smti. Rekha Basumatary within a week from today. 8. On receipt of such Bank account, the Insurance Company shall deposit the Page No.# 3/3 additional amount of Rs.4,20,000/- (Rupees four lakh twenty thousand only) in her account within a period of 4(four) weeks from the date of receipt of such bank account. 9. With the above, this I.A. stands allowed and disposed of. JUDGE Comparing Assistant