: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4872 OF 2007 CIVIL APPLICATION NO.4872 OF 2007 CIVIL APPLICATION NO.4872 OF 2007 IN IN IN FIRST APPEAL (ST.) NO.16463 OF 2001 FIRST APPEAL (ST.) NO.16463 OF 2001 FIRST APPEAL (ST.) NO.16463 OF 2001 The New India Assurance Co. Ltd. ...Applicant V/s. Joshna Rajendra Agale & Ors. ...Respondents Mr.Ketan Chotani, Advocate, i/b. M.G. Barve, for the Applicant. Ms.Rutuja Ambekar, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the applicant. 2. It is pointed out that respondent No.5 died on 7-1-1993 i.e. during the pendency of the claim petition before the Tribunal and his legal representatives were not brought on record in the claim petition. 3. In view of the said averments, the Civil Application is allowed in terms of prayer clauses (c) and (c1). Amendment to be carried out within six weeks. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]