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Bombay High CourtCA/2378/2022disposed off

Mahesh Madhukar Naik v. National Insurance Co. Ltd., Thr Its Manager, Jalgaon And ORS

2022-02-25Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

942-ca-2378-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2378 OF 2022 IN FIRST APPEAL NO.1801 OF 2015 WITH FA/1799/2015 WITH CA/3411/2015 IN FA/1823/2014 WITH FA/1825/2014 WITH FA/1822/2014 WITH FA/1800/2015 MAHESH MADHUKAR NAIK

VERSUS

NATIONAL INSURANCE CO. LTD. THROUGH ITS MANAGER AND OTHERS ....

Mr. Ajeet B. Kadethankar, Advocate for Respondent no.1 Mr. V.Y. Bhide, Advocate for Respondent nos. 2 and 3 Mr. Shaikh Naseer, Advocate for Respondent Nos. 4 and 5 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 25st FEBRUARY, 2022 PER COURT:- 1.

It is an application to bring on record the legal heirs of original claimant Pushpabai madhukar Naik. Mr. S.P. Nagapurkar, learned counsel for the applicant remained absent, when the matter is called out.

2.

Heard Mr. Kadethankar, learned counsel for the insurance company, Mr. Bhide, learned counsel for the original claimants and Mr. Shaikh Naseer, learned counsel for respondent nos. 4 and 5.

942-ca-2378-22 3.

It is revealed during the course of argument that original claimant Pushpabai Madhukar Naik died during the pendency of these appeals. The applicant happens to be the son of Pushpabai, who has moved this application to bring him on record. There is no difficulty to allow this application in view of prayer clause (B).

O R D E R

(i) The application is hereby allowed in terms of prayer clause (B).

(ii) Necessary amendment be carried out in the respective appeals.

(iii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane