New India Assurance Company Ltd vs On The Death Of Daljit Kaur His ...
2023 Latest Caselaw 1975 Gua

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GAHC010059072023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/751/2023

         NEW INDIA ASSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, STARCITY COMPLEX, GS ROAD, LACHITNAGAR, GUWAHATI
         781007, REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE,
         LACHIT NAGAR, GUWAHATI 07



         VERSUS

         ON THE DEATH OF DALJIT KAUR HIS LEGAL HERIS INDIRA KOUR AND
         ORS.
         RESIDENT OF VILLAGE BORKOLA, PO BORKOLA, PS SADAR, DIST
         NAGAON, ASSAM, 782144

         1.1:INDIRA KOUR
          D/O LATE DALJIT KOUR


         1.2:JASBIR KOUR
          D/O LATE DALJIT KOUR


         1.3:HARMINDAR KOUR
          D/O LATE DALJIT KOUR


         1.4:SARDAR DASHBIR SINGH

          S/O LATE DALJIT KOUR


         2:SMTI HIRAMONI PATOR
         W/O SRI TRINAYAN PATOR
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            RESIDENT OF VILLAGE KAMARJAN
            PO AND PS RAHA
            DIST NAGAON
            ASSAM 78210

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                        BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

15. 05. 2023

Heard Ms. R D Mozumdar, learned counsel for the applicant.

2. The present application is filed in a peculiar background. The applicant Insurance Company has filed the connected MAC Appeal being MAC Appeal No. 19/2023 against a judgment and award dated 29.09.2022 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon. A claim petition being MAC case No. 245/ 2017 was preferred by one Daljit Kaur on the death of her husband. Aforesaid case was awarded by the impugned judgment. However, during the pendency of the motor accident claim itself, the said Daljit Kaur expired, which is reflected at paragraph No. 2 of the judgment and on the basis of next to kin certificate award was passed in favour of the sons and daughters of deceased Daljit Kaur.

3. It is submitted by Ms. Mozumdar that the connected appeal has been filed against deceased Daljit Kaur inadvertently. Accordingly, she prays that name of the Daljit Kaur/ respondent No. 1 be Page No.# 3/3

changed and the name of the respondents be incorporated as reflected in paragraph 5 of the present application.

4. Perused the material available on record including the impugned judgment.

5. As said Daljit Kaur, claimant died during the pendency of the MAC case and it was duly taken note by the learned Tribunal and name of the sons and daughters of Daljit Kaur are also reflected in the judgment, this court is of the view that now the sons and daughters of Daljit Kaur shall be necessary for determination of the present litigation.

6. Accordingly, the present application stands allowed. Registry to incorporate the names of legal heirs of late Daljit Kaur as reflected in the paragraph in the present application and correct the cause title of the appeal.

7. IA stands disposed of.

JUDGE

Comparing Assistant