Order  Date:  13.09.2022

Today is fixed for passing order in respect of M.A. Case being No. 33/2022 along with petition for condonation of delay.

The petitioners including petitioner No. 4 who is a minor represented by her mother Smt. Sunita Roy has filed a petition on 19.05.2022 praying for substituting them in place of complainant- Swarup Kumar Roy who has expired on 21.07.2020 along with a petition for condonation of delay. Those petitions are supported by an affidavit.

The petitioners prayed for condonation of delay in filing substitution petition on the ground that the complainant has expired on 21.07.2020 at B.M.C.H., Burdwan suffering from acute Respiratory Distress due to COVID-19+Ve and death certificate was issued on 04.09.2020. After demise of the complainant, the petitioners did not have any information about the case and after getting information from the Ld. Advocate, they have taken initiative to substitute them in place of the complainant. There was no latches on the part of the petitioners for such delay and prayed for condonation of delay. No objection filed by other side.

Perused the petition and the case record of C.C. Case No.62/2019. The case has been filed by the deceased complainant against the Bajaj Allianz General Insurance Co. Ltd. for payment of repairing cost of the vehicle damaged in an accident and other compensation. The petitioners have filed Xerox copy of the death certificate of the deceased complainant and Legal Heir certificate issued by the office of the Burdwan Municipality supported by an affidavit. According to the settled principle of law, the liberal view is taken in consideration of the condonation of delay and the ground for condonation of delay as mentioned in the petition can be condoned due to consideration of the overall aspects of the case.

Accordingly, the prayer is allowed. The delay in lodging the petition for substitution is hereby condoned.  

From the substitution petition, it appears that the petitioners are mother, widow (wife), daughter and minor daughter and this has been supported by the Legal Heir Certificate issued by the Executive officer, Burdwan Municipality. This petition is also supported by an affidavit. Accordingly, the prayer of the petitioners for substituting them in place of deceased complainant as Legal Heirs of him is allowed. The petitioners are being substituted in place of the deceased complainant Swarup Kumar Roy since deceased. Amend the complaint and register accordingly.

Accordingly, the M.A. Case being No. 33/2022 be and the same is disposed of.   

 Dictated and Corrected by me.

President                                                                                               President

       D.C.D.R.C., Purba Bardhaman                                                               D.C.D.R.C., Purba Bardhaman

Member                                                                                                               Member                                       

D.C.D.R.C., Purba Bardhaman                                                              D.C.D.R.C., Purba Bardhaman