Sakeenabeevi vs Raveendran S/o Appukuttan

A. Badharudeen, J

Heard the learned counsel for the appellants and the learned counsel for the insurance company.

In this matter, it is submitted by the learned counsel for the appellants that the Tribunal dismissed O.P. (MV) No.405/2006 for non-impleadment of legal heirs of additional third respondent, who is no more, in the original petition.

It appears that additional third respondent, who is no more, is arrayed as third respondent in the appeal itself. The said procedure is wrong.

To be on the crux of the matter, the claim petition filed by the legal heirs of the deceased, who died in consequence of a motor accident virtually stands dismissed as abated for want of impleadment of legal heirs of additional third respondent. Therefore, I am of the view that award can be set aside and remand the matter for fresh consideration of the matter by the Tribunal, with liberty to the original petitioners to file proper petition before the Tribunal to implead legal representatives of additional third respondent, along with petition to set aside the abatement and delay petition, within a period of one month from today.

In the result, this appeal stands allowed and the award impugned stands set aside and the matter remitted back to the Tribunal for fresh consideration as per law. The petitioners/appellants are directed to file petitions as stated above, within one month from today, and the Tribunal is directed to consider the same on merits and pass orders and proceed with the original petition in accordance with law and dispose of the same at the earliest, at any rate, within a period of four months from date of appearance of the petitioners before the Tribunal.

The parties are directed to appear before the Tribunal on 25.08.2022 without fail.