Permission granted to delete the name of a deceased respondent from the cause title of the appeal memo, with further directions to redistribute the award amount among remaining claimants.
Deletion of the name of respondent no. 2 from the cause title; redistribution of the amount awarded to respondent no. 2 among other claimants.
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MACA No.219 of 2017
I.A. No.360 of 2019
Heard Mr. G.P. Dutta, learned counsel for the insurer and Mr. K.K. Das, learned counsel for the claimants.
Mr. Das, learned counsel for the claimants submits that claimant, respondent no.2Madhusudan Swain has died during pendency of the appeal. He further submits that the legal heirs of respondent no.2 are already on record. Accordingly, a prayer has been made to delete the name of respondent no.2 from the cause title of the appeal memo. He submits that the amount awarded in favour of respondent no.2 be redistributed amongst the claimants-respondents.
Mr. Dutta, learned counsel for the appellant submits that pursuant to order dated 11.01.2019, the Insurance Company has already deposited an amount of Rs.2,00,000/- before the Tribunal.
In view of the submissions made and keeping in view the fact that respondent no.2Madhusudan Swain has died in the meantime, her name be deleted from the cause title of the appeal
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memo. The amount awarded in favour of respondent no.2 shall be redistributed amongst the other claimants.
I.A. is disposed of.
…………………. Dr.A.K. Rath, J.
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BK B
1 issue framed by the court
Whether the name of a deceased respondent can be deleted from the cause title of the appeal memo.
Appellant No.2
Madhusudan Swain (Deceased)
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
