The National Insurance Co. Ltd vs Babla Bagchi
2021 Latest Caselaw 4799 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                  M.A. No. 138 of 2013
The National Insurance Co. Ltd, Jamshedpur, East Singhbhum
                                                       ..... Appellant
                               Versus
  1. Babla Bagchi
  2. Dalia Bagchi
  3. Shoubhik Bagchi
  4. Aditya Jana                                       .... Respondents

                             with
                M.A. No.305 of 2014
The Branch Manager, the Oriental Insurance Co. Ltd.
                                                           ...   Appellant
                                 Versus
   1.   Sita Chowdhury
   2.   Aakansha Chowdhury
   3.   Aditya Jana
   4.   Branch Manager, National Insurance Co. Ltd.
   5.   Smt. Bulba Bagchi
   6.   Smt. Dalia Baagchi                                 ....    Respondents

                                  With
                           C.O. No. 8 of 2020
        National Insurance Co. Ltd.                          ...... Appellant
                                  Versus
        Bubla Bagchi and others ....                                  Respondents
                                  And
        In the matter of
        1. Babla Bagchi
        2.     Shoubhik Bagchi           ----Cross-objector/respondent no.1- /
                        .                   claimant no. 1 and 3
                                  Versus
        1.The National Insurance Company Limited ------ respondent no.1 in
        cross objection/appellant/ OP No.1
        2.Aditya Jana
                                  ------

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

------

For the Appellant :Mr. G.C. Jha, Advocate :Mr. Alok Lal, Advocate(in MA No.138/2013) For the respondent no.2 :Mr. J.N Upadhyay, Advocate(in M.A.

no.138/2014) For the respondents :Mr. Nagmani Tiwari, Advocate For the respondent No.1 :Mr. J.N Upadhyay, Advocate (in M.A.

no.305/2014) For the respondent No.5 :Mr. A.K. Lall, Advocate(in M.A. no.305/2014) For the petitioner :Mr. A.K. Lall, Advocate (in C.O. No.8 of 2020) For the respondents :Mr. Santosh Kumar, Advocate(in C.O. No.8 of 2020)

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20 / 14.12.2021 It is submitted by learned counsel for the appellant that in M.A. No.305 of 2014 that on the last date it was informed by the learned counsel appearing on behalf of the respondent that respondent no.6 Smt. Dalia Baagchi has died and therefore adjournment may be granted for filing substitution petition.

On perusal of the judgment of the learned court below, it appears that the claimants in this case were Sita Chowdhury and Aakansha Chowdhury and the compensation were awarded in their favour and against the National Insurance Co. Ltd. and Oriental Insurance Co. Ltd.

` So far as respondent No.6 is concerned, she was impleaded as O.P. No.3(ii) but she was not a contesting party in this case and no relief has been prayed against her.

In view of the above I find that it is not necessary to substitute the legal heirs of respondent No.6, in view of Order 22 Rule 4(iv). However, the learned counsel representing respondent no.6 Smt. Dalia Baagchi is directed to file informatory petition so that her name can be deleted from the cause title of memo of appeal.

Part Heard.

Let this case be listed on 13.01.2022.

(GAUTAM KUMAR CHOUDHARY, J.)

Tarun