National Insurance Co. Ltd. vs Nandani Devi & Ors
2023 Latest Caselaw 492 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  M.A. No. 87 of 2021
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National Insurance Co. Ltd., Ranchi .... .... .... Appellant Versus Nandani Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Santosh Kumar, Advocate

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Order No.06 Dated- 30.01.2023 I.A. No.660 of 2023 Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to direct the registry to send down the certified copy for correction by deleting the name of defendant no.1 who died during the pendency of the claim application before the Claims Tribunal at that stage itself.

It is further submitted that the Claims Tribunal was aware about the death of the opposite party no.1- owner of the vehicle and the same has been mentioned in the cause title of the judgment and award passed by the Claims Tribunal.

Since, the Claims Tribunal has already mentioned about the death of the owner of the vehicle by the impugned judgment and award. Hence, this Court is of the considered view that there is no justifiable reason to send down the certified copy to the court below.

Accordingly, this interlocutory application being without any merit is dismissed.

(Anil Kumar Choudhary, J.) M.A. No. 87 of 2021 This appeal will be heard.

Admit.

Call for the Lower Court Records.

Issue notice to the respondents.

The appellant is directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondents.

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