Sow Santoshi Lakhimchand Agarwal Died Thr Lrs Soniya And ORS v. Suresh Kishanrao Chitewar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 5337 OF 2016 IN FA/171/2002 SOW SANTOSHI LAKHIMCHAND AGARWAL DIED THR LRS SONIYA AND ORS

VERSUS

SURESH KISHANRAO CHITEWAR AND ORS ...

Advocate for Applicants : Mr B R Kedar Advocate for Respondents : Mr A B Gatne ...

CORAM : V.K. JADHAV, J.

Dated: April 26, 2016 ...

PER COURT :- 1.

Heard both sides.

2.

The learned counsel appearing for the respondent No.3Insurer submits that, married daughters of deceased Santoshi cannot represent deceased Santoshi and therefore, this application is liable to be dismissed.

3.

The learned counsel for the applicant submits that the husband and son of deceased Santoshi died long back and in view of this, married daughters have filed present application for substitution of their names.

4.

By keeping this point open whether they are entitled for the compensation by substitution, for the reasons stated in the application, civil application is allowed in terms of prayer Clause "B and C."

5.

Civil Application stands disposed of.

( V.K. JADHAV, J. ) ...

aaa/-