National Insurance Company vs Shyam Lal and Others

Rajiv Sharma, J.—Appellant-Insurance Company has challenged the award dated 15.10.2011 rendered by the Motor Accident Claims Tribunal, Solan in petition No. 16NL/2 of 2006. "Key facts" necessary for the adjudication of this appeal are that respondent No. 1 was injured in an accident with the offending vehicle bearing registration No. HP-12-1813 on 18.9.2009. He sought compensation u/s 166 of the Motor Vehicles Act. An F.I.R. was also registered against Rupinder Chauhan, owner of the motorcycle on 18.9.2003. The claimant was referred to P.G.I., Chandigarh. He remained admitted as indoor patient with effect from 20.9.2003 to 12.10.2003. The Motor Accident Claims Tribunal awarded a sum of Rs. one lakh with interest @ 7.5% per annum.

Ms. Devyani Sharma has brought to the notice of the Court that respondent Rupinder Chauhan has died on 9.12.2010 and the award was passed on 15.10.2011. The appellant has also moved an application for bringing on record the legal heirs of respondent No. 2, i.e. Rupinder Chauhan under order 22 rule 4 of the CPC read with section 5 of the Limitation Act for condonation of delay.

Since the award has been passed against a dead person, the application under order 22 rule 4 of the CPC read with section 5 of the Limitation Act is not maintainable in this Court. Accordingly, the award dated 15.10.2011 is set aside. Liberty is reserved to the parties to take steps for bringing the legal representatives of deceased Rupinder Chauhan on record before the Motor Accident Claims Tribunal. The application shall be filed within a period of three weeks from today and necessary orders shall be passed by the Motor Accident Claims Tribunal within further period of four weeks. Thereafter, the Motor Accident Claims Tribunal shall decide the claim petition within a period of three months in order to mitigate the hardship faced by the claimant. In view of above, the appeal is disposed of. Pending application(s), if any, also stands disposed of. No costs.