CA/7309/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR BRINGING HEIRS No. 7309 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 5000 of 2006 ====================================== UNITED INDIA INSURANCE CO. LTD. - Applicant Versus SONALBEN VISHNUKUMAR SENMA & 4 - Respondents ====================================== Appearance : MR GC MAZMUDAR for Applicant. MR HARESH H PATEL for Respondent Nos. 1 to 3. ====================================== CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 01/07/2008 ORAL ORDER
RULE.
Mr. Haresh H. Patel, learned advocate appearing for the original
claimants waives service of rule.
This
application is moved by the applicant ý Insurance Company to bring
the legal heir of the deceased Patel Chandrakantbhai Ambalal ý
original opponent No.2. Deceased Patel Chandrakantbhai Ambalal was
running his transport business and he is the owner of the Truck.
Hence, Patel Samir Chandrakantbhai who is the son of deceased Patel
Chandrakantbhai Ambalal is required to be brought on record.
Since
the Insurance Company has filed the appeal challenging the award
passed by the Motor Accident Claims Tribunal, no formal notice is
required to be issued to the legal heir of deceased Patel
Chandrakantbhai Ambalal.
In
the above view of the matter, this application is allowed. Legal
heir of deceased Patel Chandrakantbhai Ambalal is ordered to be
brought on record. Rule is made absolute to the above extent.
Sd/-
[K.
A. PUJ, J.]
Savariya