Reliance General Insurance ... vs Gujarat Road Transport ...
2021 Latest Caselaw 2091 Guj

        C/FA/1898/2012                                 IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


  CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
            In R/FIRST APPEAL NO. 1898 of 2012
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CHANDRAKANT RATILAL PATEL Versus RELIANCE GENERAL INSURANCE COMPANY LIMITED ========================================================== Appearance:

for the PETITIONER(s) No. ADITYA R PARIKH for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. MRS FALGUNI D PATEL for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 11/02/2021

IA ORDER

Heard learned advocates for the respective parties.

Rule. Learned advocate Mr.Vibhuti Nanavati waives service of notice of rule for the respondent no.1 and learned advocate Mrs. Falguni D. Patel waives service of notice of rule for the respondent no. 2 - Gujarat Road Transport Corporation.

By way of this application, the applicants have prayed for bringing the legal heirs on record in the appeal as legal heirs of deceased respondent no.4 Chandrakant Ratilal Patel, who has expired on 08.09.2013.

Learned advocate for the applicant has placed reliance on the judgment of the Delhi High Court in the case of Oriental Insurance Co. Ltd. V/s. Biro Devi & Ors. 2015 ACJ 340 more particularly paragraph nos.21 and 23. He has submitted that the death certificate

C/FA/1898/2012 IA ORDER

is produced at Annexure - I shows that the respondent no.4 passed away on 08.09.2013.

Considering the above referred judgment relied upon by the learned advocate for the applicant and the averments made in this application, present application is allowed in paragraph no.5 of the application. The respondents are permitted to be impleaded as legal heirs of deceased Chandrakantbhai Ratilal Patel in the main matter. Rule is made absolute.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI