Premaleela and Others vs Ameenabi and Others

N.K. Patil, J.—Though this matter is posted today in orders list, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

This appeal by the appellants/claimants is arising out of the judgment and award dated 07/02/2008 passed in MVC No. 1/2000, by the I Additional Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal, Mysore, (for short ''Tribunal'').

By its judgment and award, the Tribunal has awarded a sum of Rs. 7,06,800/- with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellants for a sum of Rs. 28,20,000/-, on account of the death of the deceased Sri. P. Srinivasa Char, in the road traffic accident. The quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, appellants/claimants have presented this appeal.

On account of the untimely death of the deceased P. Srinivasa Char, in the road traffic accident that occurred on 21.8.1999 at about 5.00 a.m. near Anagod on N.H. 4, Davanagere, appellants being the wife and daughter have filed the claim petition before the Tribunal, under Section 166 of M.V. Act, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the said claim petition in part, awarding a sum of Rs. 7,06,800/- with interest at 6% per annum from the date of petition till its realization, without bringing the L.Rs. of the deceased first respondent, owner of the offending vehicle on record.

Being aggrieved by the quantum of compensation awarded by the Tribunal, the appellants have filed this appeal, seeking enhancement of compensation.

We have heard learned counsel appearing for appellants and learned counsel appearing for Insurer.

The learned counsel Sri. A.M. Venkatesh, appearing for Insurer, at the outset submitted that, the impugned judgment and award passed by the Tribunal is liable to be set aside at threshold. To substantiate his submission, he submitted that, R1-Smt. Ameenabi, W/o. M. Siddique, owner of the offending vehicle died on 28.9.2005, the Tribunal has passed the judgment on 7th February 2008 against a dead person, which is nullity in the eye of law and therefore, it is not sustainable and is liable to be set aside.

As against this, learned counsel appearing for appellants, inter-alia, submitted that, placing the above submission made by learned counsel appearing for Insurer on record, the impugned judgment and award passed by the Tribunal may be set aside and the matter may be remitted back to the jurisdictional Tribunal for reconsideration afresh, reserving liberty to the appellants to bring legal representatives of the deceased first respondent on record.

In the light of the submissions made by learned counsel appearing for both the parties as stated supra, without expressing any opinion on the merits or demerits of the case and to safeguard the interest of both the parties, it would suffice for this Court if appropriate direction is issued to the Tribunal to reconsider the matter afresh and dispose of the same, as expeditiously as possible, to meet the ends of justice.

For the foregoing reasons, the appeal filed by the appellants is allowed.

The impugned judgment and award dated 07/02/2008 passed in MVC No. 1/2000, by the I Additional Civil Judge (Sr. Dn) and Motor Accident Claims Tribunal, Mysore, is hereby set aside and the matter stands remitted back to the Tribunal for reconsideration afresh, with a direction to pass appropriate order, in accordance with law, after affording reasonable opportunity of hearing to the appellants and Insurer personally or through their counsel and dispose of the same, as expeditiously as possible, at any rate, within a period of six months from the date of appearance of the parties before the Tribunal personally or through their counsel.

Liberty is reserved to the appellants/claimants to bring legal representatives of the deceased first respondent, owner of the offending vehicle on record within four weeks from the date of receipt of a copy of this judgment.

In the event, if such an application is filed by the appellants, within the time stipulated above, the Tribunal is directed to receive the same and proceed further and dispose of the same, as expeditiously as possible, in terms of the above directions issued by this Court.

The appellants and Insurer are directed to appear before the Tribunal either personally or through their counsel on 4th August 2014 at 11.00 a.m. to take further dates of hearing.