1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. No.634/2011 in First Appeal No.669/2002 ( Smt. Sanjivani wd/o Rajendra Tamaskar & others ..Vs.. Shri Kirtikumar s/o Jamnadas Thakkar & others ) With C.A.F. No.724/2011 in First Appeal No.619/2002 ( United India Insurance Company Ltd., Nagpur ..Vs.. Smt. Sanjiwani Wd/o Rajendra Tambskar & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.V. Bhide, Adv. for applicants. Mr. D.N. Kukday, Adv. for respondent no.3. (in F.A. No.669/2002) ..... Mr. D.N. Kukday, Adv. for applicant. Mr. A.V. Bhide, Adv. for respondent nos.1 to 3. (in F.A. No.669/2002). CORAM : S.A. BOBDE & S.B. DESHMUKH JJ. DATE : 26.4.2 011 . Common order. Heard. The civil applications for condonation of delay in filing the application for setting aside the abatement and for bringing the legal representatives of deceased respondent on record are allowed. C.A.F. No.635/2011 (in F.A. No.669/2002) & C.A.F. No.725/2011 (in F.A. No.619/2002). These are the applications for bringing the legal heirs of the deceased vehicle owner on record. The said applications are made by the Insurance Company as well as by the claimant. The legal heirs 2 i.e. widow and the children of the deceased vehicle owner, are supposed to be brought on record. Mr. Choubey, learned Advocate for the proposed legal heirs submits that the legal heirs may not be brought on record because they have not inherited any liability. According to the learned Advocate, the proposed legal heirs had no connection with the deceased vehicle owner at the time of his death since the widow was living separately from the deceased. However, the learned Advocate for the proposed legal heirs, does not dispute that there was no divorce between the deceased vehicle owner and his widow and marriage was subsisting at the time of death. In the facts and circumstances of the case, the contention of the learned Advocate for the proposed legal heirs, cannot be accepted. The Civil applications for for bringing legal heirs of the deceased respondent on record are allowed and disposed of accordingly. Mr. Kukday and Mr. Bhide seek permission to add the names of the children of the widow Smt. Kavita Kirtikumar Thakkar on record. Permission granted. Amendment to be carried out forthwith. Amendment slip to be served on the other side. Issue notice to the proposed legal heirs of the deceased respondent. Mr. Choubey, learned Advocate, waives notice for newly added legal heirs. JUDGE JUDGE Tambaskar.