Smti Aparajita Borbora (Sharma) and Anr v. National Insurance Co Ltd and 2 Ors
IA(C)/226/2025 · 2026-06-02
Mitali Thakuria
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3376 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3376 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040008332025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/226/2025 in MACApp./9/2025 Smti Aparajita Borbora (Sharma) and Anr Age: 45 Occupation : Address:Daughter of Late Arun Chandra Borbora resident of Village Malow Ali Mukti Yudha Path PO and PS Jorhat Jorhat District Assam. 2: Mrs Nibedita Borbora (Kalita) Age: 43 Occupation : Address:Daughter of Late Arun Chandra Borbora resident of Village Malow Ali Mukti Yudha Path PO and PS Jorhat Jorhat District Assam. VERSUS National Insurance Co Ltd and 2 Ors Age: 0 Occupation : Address:CD Road North Lakhimpur Town Lakhimpur District Assam 787001 2:Dorjee Leta (Letro) Age: 0 Occupation : Address:Son of Late Rinchin Dorjee resident of Village Sangti PO and PS Dirang
Page No.# 2/3 West Kameng District Arunachal Pradesh 790101 3:Lak Pa Tamang Age: 0 Occupation : Address:Son of Ram Bahadur resident of Village Senai Pam PO and PS Chayduwar Sonitpur District Assam. ------------ Advocate for : Bolu Ram Das Advocate for : H P Phukan appearing for National Insurance Co Ltd and 2 Ors: Advocate , , appearing for 2, 3, respectively. BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 03-06-2026 Heard Mr. B. R. Das, learned counsel for the applicant/claimant/respondent No.1. Also heard Mr. H. P. Phukan, learned counsel for the respondent/insurance company. 2. This is an application filed under Order XXII, Rule, 2, 4 and 6 read with Articles 226 and 227 of the Constitution of India for impleadment of the legal heirs as respondent after the death of the claimant Amiya Borbora, who is the claimant/respondent in the connected MAC APP No. 9/2025. 3. It is submitted by Mr. Das that after the pronouncement of the judgment in MACT Case No. 15/2022 on 08.08.2024, the claimant/respondent, Amiya Borbora expired on 03.11.2023 prior to institution of the connected MAC appeal
Page No.# 3/3 and hence, the present interlocutory application has been filed for impleadment of two legal heirs of the deceased as claimant/respondent. 4. In that context, the death certificate of the deceased and the Next of Kin Certificate is also annexed along with the present petition, wherefrom it is seen that two daughters, namely, Aparajita Borbora Sarma and Nibedita Kalita to be impleaded as party respondent in place of the claimant Amiya Borbora. 5. Mr. Phukan, learned counsel appearing for the respondent/insurance company raised no objection in such impleadment. 6.
In view of above, this interlocutory application is allowed for impleadment of the two daughters of the deceased claimant Amiya Borbora as party respondent Nos. 1 (a) and 1 (b) respectively in the connected MAC APP No. 9/2025 by amending and correcting the cause title of MAC APP accordingly. 7. The appellant will take necessary steps in that regard. 8. Accordingly, this interlocutory application stands disposed of. JUDGE Comparing Assistant