Allowed

New India Assurance Company Ltd. v. on the Death of Daljit Kaur His Legal Heris Indira Kour and Ors.

Gauhati HC15 May 2023I.A.(Civil)/751/2023

Case brief

AI extract

What is this about?

This is a civil application filed by an insurance company seeking to correct the cause title of a connected Motor Accident Claims Appeal. The court allowed the application, directing the registry to reflect the legal heirs of the deceased claimant as parties.

What did the court decide?

Registry is directed to incorporate the names of the legal heirs of late Daljit Kaur and correct the cause title of the appeal.

New India Assurance Company Ltd. Vs on the Death of… — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010059072023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/751/2023

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NEW INDIA ASSURANCE COMPANY LTD.

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A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, STARCITY COMPLEX, GS ROAD, LACHITNAGAR, GUWAHATI 781007, REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE, LACHIT NAGAR, GUWAHATI 07

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VERSUS

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ON THE DEATH OF DALJIT KAUR HIS LEGAL HERIS INDIRA KOUR AND ORS.

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RESIDENT OF VILLAGE BORKOLA, PO BORKOLA, PS SADAR, DIST NAGAON, ASSAM, 782144

1.1:INDIRA KOUR

D/O LATE DALJIT KOUR

1.2:JASBIR KOUR

D/O LATE DALJIT KOUR

1.3:HARMINDAR KOUR D/O LATE DALJIT KOUR

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1.4:SARDAR DASHBIR SINGH

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S/O LATE DALJIT KOUR

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2:SMTI HIRAMONI PATOR W/O SRI TRINAYAN PATOR

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Page No.# 2/3

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RESIDENT OF VILLAGE KAMARJAN PO AND PS RAHA DIST NAGAON ASSAM 78210

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Advocate for the Petitioner : MS. R D MOZUMDAR

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Advocate for the Respondent :

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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15. 05. 2023

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Heard Ms. R D Mozumdar, learned counsel for the applicant.

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The present application is filed in a peculiar background. The applicant Insurance Company has filed the connected MAC Appeal being MAC Appeal No. 19/2023 against a judgment and award dated 29.09.2022 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon. A claim petition being MAC case No. 245/ 2017 was preferred by one Daljit Kaur on the death of her husband. Aforesaid case was awarded by the impugned judgment. However, during the pendency of the motor accident claim itself, the said Daljit Kaur expired, which is reflected at paragraph No. 2 of the judgment and on the basis of next to kin certificate award was passed in favour of the sons and daughters of deceased Daljit Kaur.

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It is submitted by Ms. Mozumdar that the connected appeal has been filed against deceased Daljit Kaur inadvertently. Accordingly, she prays that name of the Daljit Kaur/ respondent No. 1 be

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Page No.# 3/3

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changed and the name of the respondents be incorporated as reflected in paragraph 5 of the present application.

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Perused the material available on record including the impugned judgment.

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As said Daljit Kaur, claimant died during the pendency of the MAC case and it was duly taken note by the learned Tribunal and name of the sons and daughters of Daljit Kaur are also reflected in the judgment, this court is of the view that now the sons and daughters of Daljit Kaur shall be necessary for determination of the present litigation.

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Accordingly, the present application stands allowed. Registry to incorporate the names of legal heirs of late Daljit Kaur as reflected in the paragraph in the present application and correct the cause title of the appeal.

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IA stands disposed of.

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Comparing Assistant

New India Assurance Company Ltd. v. on the Death of Daljit Kaur His Legal Heris Indira Kour and Ors.

Case brief

What is this about?

What did the court decide?

New India Assurance Company Ltd. v. on the Death of Daljit Kaur His Legal Heris Indira Kour and Ors.

Case brief

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What did the court decide?

What the court decided

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