Page No.# 1/3 GAHC010040312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/1924/2023 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPP. TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI VERSUS CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS S/O SRI PUSPA BAHADUR DORJEE R/O VILL-MERAGURIA GAON P.O. AND P.S.-LALUK DIST-LAKHIMPUR ASSAM PIN-787160. (CLAIMANT) 2:MOUSAM CHANGKAKOTI S/O SRI BUDHESWAR GOGOI R/O H/N-2 NATUN PATH HATIGAON P.O.-CHARIALI SUB OFFICE P.S.-HATIGAON DIST-KAMRUP ASSAM PIN-781038 (OWNER OF THE VEHICLE NO. AR-01-G-3988 (BUS)) 3:HABIZUDDIN AHMED S/O ABDUL HANIF ALI Page No.# 2/3 C/O MR B. MALLICK H/N-12 WARD NO. 4 GOPINATH NAGAR P.O. AND P.S.-DISPUR DIST-KAMRUP ASSAM PIN-781016. (DRIVER OF THE VEHICLE NO. AR-01-G-3988 (BUS)) ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. B CHETRI appearing for CHAKRA BAHADUR DORJEE @ MANUJ AND 2 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27.10.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. B. Chetri, learned counsel for the respondents. This application has been filed for setting aside the abatement and for substitution of the legal heirs of respondent No. 1 late Chakra Bahadur Dorjee @ Manuj, who died on 25.11.2019 in MAC Appeal Filing No. 2208/2020 by his legal heirs namely, Smti Dalimi Gogoi Dorjee, Miss. Rashmi Dorjee, Sri Puspa Bahadur Dorjee and Sri Pabitra Dorjee as respondent Nos. 1(i), 1(ii), 1(iii) and 1(iv) respectively in the cause title of the I.A. Civil No. 539/2022 in MAC Appeal Filing No. 2208/2020. It is submitted that during the pendency of the appeal, the claimant/ respondent No. 1 late Chakra Bahadur Dorjee @ Manuj, died on 25.11.2019, and as there was no application for substitution of his legal heirs in time, the appeal has been abated against the respondent No. 1. By filing this application, the applicant has prayed for setting aside the Page No.# 3/3 abatement of the respondent No. 1. The learned counsels for the respondents have no objection to the prayer made by the applicant. In view of the above, the abatement of claimant/ respondent No. 1 in I.A. (Civil) 539/2020 and MAC Appeal Filing No. 2208/2020 is set aside. The I.A. stands allowed and disposed of. JUDGE Comparing Assistant