United India Insurance Company Ltd. vs. Fulan Devi and others FAO (WCA) No.58 of 2013 27.08.2025 Present: Mr. Vivek Negi, Advocate, for the non-applicant/ appellant. Mr. Pawan Gautam, Advocate, for respondents No.1(i) to 1(v) and 2(i) to 2(v). Respondent No.3 is proceeded against ex parte vide order dated 14.05.2025. Mr. Vinod Kumar Thakur, Advocate, for respondent No.4/applicants in CMP No.2610 of 2019 and CMP No.15384 of 2025. None for respondents No.5 though served. CMP No.15384 of 2025 No reply is intended to be filed on behalf of the non- applicants. Legal heirs of deceased Foolan Devi and Sukh Ram are the same as they were husband and wife. The proposed legal heirs are stated to have been served and are represented. They do not intend to file any reply. Foolan Devi and Sukh Ram died on 25.04.2021 and 31.12.2021 respectively. The right to sue survives in their legal heirs. The factum of death of aforesaid two individuals is evident from the revenue record placed along with present application. The daughters born out of the wedlock Foolan Devi and Sukh Ram have relinquished their shares to their brothers, namely Kishori Lal and Mahinder Singh. Since the right to sue inheres/survives with the aforesaid two legal heirs of deceased respondents No.1 and 2, namely Kishori Lal and Mahinder Singh, detailed in Paragraph-5 of the application, therefore, they are ordered to be brought on record. For the bona fide reasons stated/sufficient cause shown in the application, delay in bringing on the legal heirs of deceased respondents No.1 and 2, is condoned and abatement, if any, is set aside. In the peculiar facts and attending circumstances, where same set of legal heirs have to be brought on record for the husband-Sukh Ram and Foolan Devi-wife, therefore, in order to avoid duplication, name of Foolan Devi is ordered to be deleted from the array of the parties and the legal heirs of deceased Foolan Devi and Sukh Ram be brought on record as legal heirs of deceased Sukh Ram, i.e., respondents No.2(a) and 2(b). The application stands disposed of. Amended memo of parties be filed within four weeks. ( Bipin C. Negi ) August 27, 2025 (KS) Judge