The National Insurance Company ... vs Gitaben Babubhai Gabani
2021 Latest Caselaw 4436 Guj

       C/FA/2411/2020                                   IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


        CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2021
                In R/FIRST APPEAL NO. 2411 of 2020
==========================================================

GITABEN BABUBHAI GABANI Versus MOHD. ZAKIR MOHD. JAMAAL ========================================================== Appearance:

MR. BHAUMIK DHOLARIYA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 19/03/2021

IA ORDER

1. Heard learned advocate Mr. Bhaumik Dholariya on behalf

of the applicant and learned advocate Mr. Maulik J. Shelat for

respondent No.3 - insurance company.

2. By way of this application, the applicant has prayed for

her name which is reflected in the impugned judgment and

award as Geetaben Babubhai Gabani, may be changed to

Geetaben Hiteshbhai Bhisra.

3. It is stated by learned advocate Mr. Dholariya that the

accident in question was of the year 2020 and whereas at the

C/FA/2411/2020 IA ORDER

time of the accident, the applicant herein was aged 18 years

and whereas the award had been passed by the learned MACT

(Auxi.), Surat on 18.02.2020. It is stated that during the

pendency of the claim petition, the applicant has got married

and whereas, she is now Geetaben, wife of Hiteshbhai Bhisra.

4. In such circumstances, learned advocate submits that

appropriate change of name may be permitted and the learned

Tribunal may be directed to comply with directions of this

Court vide an order dated 16.02.2021 and disburse the amount

as directed in the name of applicant as Geetaben Hiteshbhai

Bhisra.

5. Learned advocate Mr. Maulik Shelat does not have any

objection for the same. In view of the submissions made by

learned advocate Mr. Dholariya on the basis of the records

placed in the application, the name of the present applicant

which was reflected as Geetaben Babubhai Gabani shall be

read as Geetaben Hiteshbhai Bhisra and whereas, the learned

Tribunal shall disburse the amount including periodical interest

as directed vide an order dated 16.02.2021 in the name of

Geetaben Hiteshbhai Bhisra.

           C/FA/2411/2020                                          IA ORDER



6.     With       this     direction,    the     present   application        stands

disposed of as allowed.



       Direct service is permitted.




                                                           (NIKHIL S. KARIEL,J)
MAYA S. CHAUHAN