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Patna High Court - Orders

Regional Manager, Oriental Insurance ... vs Rita Devi on 7 February, 2025

Author: Jitendra Kumar

Bench: Jitendra Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.1040 of 2018
                  ======================================================
                  Regional Manager, Oriental Insurance Company Limited

                                                                             ... ... Appellant/s
                                                    Versus
                  Rita Devi & Ors.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr. Abhijit Kumar Singh, Advocate
                  For the Respondent/s   :      Mr. Kameshwar Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

11   07-02-2025

Mr. Abhijit Kumar Singh, proxy counsel for Mr. Durgesh Kumar Singh, learned counsel for the Appellant and Mr. Kameshwar Singh, learned counsel for the respondent Nos. 1 and 3 to 7 are present.

2. From perusal of the case record, it transpires that name of Kalsiya Devi, respondent no. 2, has been deleted from the array of the respondents on the application of respondent no 1 on the ground that she has died. Here, it is pertinent to point out that the impugned award of compensation has been passed by M.A.C.T. in favour of respondent no. 2, Kalsiya Devi and others. Hence, after death of Kalsiya Devi, respondent no. 2, her legal heirs, if any, are required to be substituted.

3. Hence, earlier order dated 02.08.2024 is reviewed and the appellant is directed to substitute the legal heirs of respondent no. 2, Kalsiya Devi.

Patna High Court MA No.1040 of 2018(11) dt.07-02-2025 2/2

4. Respondent No. 1 is Rita Devi, who is daughter-in- law of Kalsiya Devi, respondent no. 2. Hence, learned counsel for the respondent no. 1 is directed to supply the names of the legal heirs of Kalsiya Devi to learned counsel for the appellant within 10 days, so that he can move an application for substituting the legal heirs in the name of Kalsiya Devi thereafter.

5. Nobody is present on behalf of respondent nos. 8 and 9.

6. Hence, issue fresh notice to respondent nos. 8 and 9, who are driver and owner of the vehicle respectively, by both modes i.e. ordinary as well as registered covered with A/D for which requisites etc. must be filed within a period of two weeks.

7. Re-notify this case on 04.04.2025.

(Jitendra Kumar, J) shoaib/-

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