Smt. Indira Vinayak Sawant vs Mr. Vijayendra Umakant Shety

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT GOA
V. C. Daga, J
Smt. Indira Vinayak Sawant – Appellant
Versus
Mr. Vijayendra Umakant Shety – Respondent

Advocates:
For the Appellants/Petitioners: Ms. Shreya Naik
For the Respondents: Mr. S.G. Bhobe

Table of Content
1. overview of parties and facts. (Para 1 , 2 , 3)
2. arguments presented by counsel. (Para 4 , 5 , 6)
3. discussion on legal representation. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. final ruling and restoration of petition. (Para 14 , 15 , 16)

ORAL JUDGMENT:

This petition is directed against the Order dated 25th February, 2003 passed in Claim Petition No.75/2001 rejecting application dated 31.10.2002 filed by the petitioner/claimant praying therein that Mr. Vasant Yeshwant Kamat, brother of the deceased be brought on record as legal representative of the deceased respondent No.2.

2. It appears from the material available on record that the respondent No.2 was made party to the Claim Petition being owner of the vehicle which was involved in the accident. She left for heavenly abode on 28.01.2000 much before filing of the Claim Petition. It is not in dispute that the respondent was married and had become widow within four years of her marriage and that she died issueless.

3. Mr. Vasant Yeshwant Kamat is the brother of the deceased respondent No.2. As such the said Vasant was sought to be impleaded as party defendant/respondent to the claim petition. The said application came to

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BOMBAY HIGH COURT - BENCH AT GOAV. C. Daga, JSmt. Indira Vinayak Sawant – AppellantVersusMr. Vijayendra Umakant Shety – Respondent

BOMBAY HIGH COURT - BENCH AT GOA
V. C. Daga, J
Smt. Indira Vinayak Sawant – Appellant
Versus
Mr. Vijayendra Umakant Shety – Respondent