National Assurance Co. Ltd., Through Its Authorized Official And Divisional Manager, Aurangabad v. Sunandabai Kailas Patil (Thakre) And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2600 OF 2024 IN FAST/37963/2019 NATIONAL INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL AND DIV. MANAGER, AURANGABAD .....Applicant

VERSUS

SUNANDABAI KAILAS PATIL (THAKRE) AND ORS .....Respondents Mr. A. S. Usmanpurkar, Advocate for Applicant Mr. Amol S.Sawant, Advocate for the Respondents. CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th March, 2024 ORDER:

1.

Heard both sides at length. The appellant Insurance Company has filed the present application for condonation of delay of 513 days caused in bringing the legal heirs of deceased Respondent no.5 on record and seeking permission to bring the legal heirs on record. The learned Advocate appearing for the non applicant raises no objection. 2.

The delay of 513 days is caused because of the appellant Insurance Company was not knowing the names and addresses of the legal heirs of deceased Respondent No.5, which appears to be justifiable and bonafide. Hence the said delay deserves to be condoned. 3.

The Appellant Insurance Company described the legal heirs of

deceased respondent No.5 as under:

5A) Sau. Bhikubai Rajdhar Patil (Thakre) Age: 62 years, Occu: Nil 5B) Smt. Sundarbai Kailas Patil (Thakre) Age: 42 years, Occu: Household 5C) Kum. Kavita Kailas Patil (Thakre) Age :18 years, Occu: Education 5D) Kum. Manisha Kailas Patil (Thakre) Age: 18 years, Occu: Education 5E) Kumar Manoj Kailas Patil (Thakre) Age: 14 years, Occu: Education 5F) Manorama w/o Sahebrao Marathe Age: major, Occu: Nil 5G) Ramdas Rajdhar Patil Age: major, Occu: Nil 5H) Shivaji Rajdhar Patil Age : Major, Occu: Nil 4.

It appears that legal heirs of deceased Respondent No.5 at Sr. Nos. 5A to 5E are already on record and, therefore, there is no need to bring them again on record. However, the legal heirs at Sr. Nos. 5F to 5H, are undisputedly the legal heirs of deceased Respondent No.5 and as such the cause of action survives.

5.

In view of the above, I am inclined to grant the present application. Hence following order:

O R D E R

1. The application is allowed. Delay of 513 days caused in bringing the legal heirs of deceased Respondent No.5 is hereby condoned.

2. The applicant-Insurance Company is hereby permitted to bring the legal heirs at Sr. No. 5F to 5H of deceased Respondent No.5 on record.

3. Necessary Amendment be carried out on or before 22.03.2024. ( Y. G. KHOBRAGADE, J. ) JPChavan