Oriental Insurance Co. Ltd. vs Hansaben Khumansinh Padhiyar and others

R.M. Doshit, J.—These two appeals preferred u/s 173 of the Motor Vehicles Act, 1988 arise from the judgment and award dated 22.3.2006 passed by the Motor Accidents Claims Tribunal, Vadodara in Motor Accident Claim Petition No. 141 of 1998.

The appellant in First Appeal No. 4469 of 2006 is the insurer of offending vehicle and the appellants in First Appeal No. 5304 of 2006 are the claimants.

Pending the claim application, the owner of the insured vehicle Chandrasinh C. Padhiyar had passed away on 6.1.2005. It is not in dispute that the owner of the insured vehicle had passed away before the claim petition was heard. His heirs and legal representatives were not brought on record. In fact, they are not brought on record till date.

In above view of the matter, the impugned judgment and award passed by Claims Tribunal against the dead person is a nullity. We, therefore, allow the First Appeal No. 4469 of 2006 preferred by the insurer, Oriental Insurance Co. Ltd. We quash and set aside the impugned judgment and award dated 22.3.2006 passed by the Motor Accidents Claims Tribunal, Vadodara in Motor Accident Claim Petition No. 141 of 1998. The interim stay stands vacated. The Tribunal below will refund the amount deposited by the appellant insurance company and the interest earned on the said amount.

In view of the above order, the First Appeal No. 5304 of 2006 stands dismissed. Civil applications are disposed of. The parties will bear their own cost.

This order is made before effective hearing of the appeals. The claimants will be at liberty to approach the Tribunal below for revival of the claim petition, if legally permissible.