M/S Oriental Insurance Company ... vs Balmati Devi & Ors
2022 Latest Caselaw 3243 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     M.A. No. 82 of 2012
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M/s Oriental Insurance Company Ltd.

.... .... .... Appellant Versus Balmati Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Abhay Kr. Mishra, Advocate : Mr. Manoj Kr. Choubey, Advocate

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Order No.08 Dated- 17.08.2022 Perusal of the record reveals that the notice issued to the respondent no.1 has returned with the endorsement that the respondent no.1 has died.

Perusal of the record further reveals that this appeal has been filed against the judgment and award dated 19th December, 2011, passed by the learned District Judge-cum-M.A.C.T., Gumla in M.A.C. Case No. 13 of 2007 whereby and where under the appellant-insurance company was directed to make payment of Rs.50,000/- to the claimant

-Balmati Devi. Since the claimant -Balmati Devi herself has died two and a half years before 30.06.2022 when the report had been made by the process server but no prayer for substitution has been made as yet. So this appeal abates as the right to sue will not survive against the respondent nos. 2 & 3, in the absence of respondent no.1.

The Registrar General of this Court is directed to return the amount of Rs.25,000/-, if any, deposited by the appellant to the concerned officer of the appellant on proper identification.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)