This court dismissed an insurer's appeal against a motor accident compensation award as abated because the appellant failed to file an application for substitution of the legal representatives of the deceased booked plaintiff.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 1018 of 2014
---- Appellant
Versus
---- Respondents
For Appellant :Shri S. S. Rajput, Advocate. For Respondent : None
Hon'ble Shri Gautam Chourdiya, J
Judgment On Board
05.04.2019
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been mentioned in the office note dated 21.08.2017. This fact, after due verification has confirmed by Village Kotwar. He (village Kotwar) has stated in his statement that respondent No. 1 had died prior to 05.07.2017. After perusal of the office record, it reveals that appellant/Insurance Company did not file any application for substitution of the legal representative of deceased/respondent No. 1. The instant appeal is filed by the Insurance Company challenging on the ground of quantum and the name of the legal representative could not substitute, therefore, in these circumstances, the appeal is liable to be dismissed as abated for want of not bringing the L.Rs. of respondent No. 1 on record in accordance with law.
Sd/-
(Gautam Chourdiya) Judge
amita
Shri Ram General Insurance Company Limited
Seluram Bareth
Ramesh Kumar
Gautam Chourdiya
As recorded by the court registry
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