Page No.# 1/3 GAHC010023122024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3425/2025 JAINUL HUSSAIN S/O JOYNAL HUSSAIN RESIDENT OF VILLAGE HOUSE NO. 34 BHETAPARA MILAN NAGAR PO AND PS HATIGAON DIST KAMRUP M ASSAM 781038 VERSUS ORIENTAL INSURANCE CO LTD AND ORS (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI- 781007 REP. BY THE DEPUTY MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI- 781007. 2:CHINTU KAMTI S/O ASHOK KAMTI R/O CHAMBER ROAD FANCY BAZAR P.O. AND P.S.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. 3:KAMAL KR. JAIN Page No.# 2/3 S/O TOLA RAM CHORADIA C/O CHORADIA AND SONS IHM MARKET T.R. PHOOKAN ROAD FANCY BAZAR P.O.- PANBAZAR DIST.- KAMRUP (M) ASSAM PIN- 781001. ------------ Advocate for : S I AKAND Advocate for : MS. R D MOZUMDAR appearing for ORIENTAL INSURANCE CO LTD AND ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER JUDGMENT Date : 05.08.2026 The instant application has been preferred by the applicant/claimant praying for substituting the original claimant by the present applicant who is the brother of the original claimant who had passed away during the pendency of the claim case. Heard the learned counsel for the applicant Mr. R. Deka. The pleadings in the application indicates that the elder brother of the present applicant namely Mainul Hussain met with motor vehicle accident which took place on 04.08.2016 and he was injured in the accident. Thereafter, Mainul Hussain preferred a claim petition which was registered as M.A.C. Case No.1650/2017. During the pendency of the MAC case, the injured Mainul Hussain passed away on 29.11.2018 leaving behind his mother Jaigun Nessa and his two minor children namely, Miss Maria Yesmin and Md. Rekib Hussain as surviving legal heirs and subsequently, they were substituted as claimant in the said MAC case. As the children of Late Mainul Hussain were minors, they were Page No.# 3/3 represented by his mother Jaigun Nessa. Vide order dated 25.08.2023, the MACT Kamrup (Metro) Guwahati disposed of the aforesaid MAC Case No.1650/2017. The Oriental Insurance Company filed an appeal against the said judgment and order dated 25.08.2023 which is the connected MACApp.220/2026. In the meantime, on 25.08.2023, the mother of Late Mainul Hussain also passed away and since his two children are now staying with the applicant and he has been looking after them, the applicant who is the elder brother of the original claimant Mainul Hussain prays that he may be allowed to be substituted in place of late Jaigun Nessa as claimant/respondent No.1 in order to conduct the further proceeding in the MAC appeal. The learned counsel Ms. R.D. Mozumdar is present for the appellant/Insurance Company and has no objection. Accordingly, the application is allowed and the applicant is allowed to be substituted as respondent/claimant No.1 in place of Jaigun Nessa in the cause title of the appeal memo. The learned counsel for the appellant shall do the needful by amending the cause title. I.A. stands disposed of. JUDGE Comparing Assistant