The Oriental Insurance Co. Ltd. Gondia Branch Thr. D.M. v. Smt. Rekha Suchakar Tekam And ANR.

1 FA418-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO. 3262/2018 IN FIRST APPEAL NO. 418/2012 (THE ORIENTAL INSURANCE CO. LTD., GONDIA ...VERSUS... REKHA SUDHAKAR TEKAM & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, counsel for the appellant.

Shri T.G. Bansod, counsel for the applicants. CORAM : NITIN W. SAMBRE, J.

DATE : DECEMBER 12, 2018.

The applicants who are claiming to be the legal heirs/natural guardian of the respondent no.1 state that respondent no.1-Rekha Sudhakar Tekam expired issueless on October 26, 2017. The applicants claim to be the father and mother of said deceased Rekha. The death certificate issued by the authority reflects these two applicants as her father and mother. So also, the school leaving certificate and the extract of the ration card also bears the name of the applicants as father and mother of Rekha, the respondent no.1. Pursis St. No.13394 of 2018 is also filed to that effect.

That being so, in my opinion, the application needs to be allowed. As such, the application is allowed. Amendment be carried out within a period of three weeks. The civil application is disposed of accordingly.

C.A.F. NO. 3140/2017.

Since the respondent no.1 is reported to have died on 26.10.2017, the application is disposed of with liberty to the legal heirs to take out fresh application.

(NITIN W. SAMBRE, J.) APTE