Surinder Kaur And Others vs Ram Singh And Others

Ajay Mohan Goel, J

CMP No. 18123 of 2023

By way of this application filed under Section 151 of the Code of Civil Procedure, the applicant has submitted that as respondent No. 2, Deep Ram, had died during the pendency of the claim petition itself, the award passed by learned Motor Accident Claims Tribunal is a nullity as the award has been passed ignoring the factum of death of the said party. This application is disposed of by taking this fact on record and effect thereof shall be seen in the main appeal.

FAO No. 222 of 2022

When this appeal was taken up for consideration, learned Counsel for the appellant has submitted that the award under challenge is a nullity as it was passed by learned Tribunal ignoring the factum of death of Shri Deep Ram, respondent No. 2 before learned Tribunal, who died during the pendency of the claim petition on 11.03.2022.

Hon’ble Supreme Court of India in Gurnam Singh (dead) through Legal Representatives and Others Versus Gurbachan Kaur (dead) by Legal Representatives(2017) 13 SCC 414 , has been pleased to hold that any decree or order passed in favour of or against a dead person is a nullity.

That being the case, herein also, as the award has been pronounced by the learned Tribunal is in ignorance of the factum of death of one of the parties before it, the same is liable to be set aside. Ordered accordingly.

The appeal is allowed by setting aside the award dated 12.07.2022, passed by learned Motor Accident Claims Tribunal, Nalagarh, District Solan, H.P. in Claim Petition No. 6 of 2018, titled as Surinder Kaur and others Versus Ram Singh and others, on the ground that the same was passed ignoring the factum of death of one of the parties before learned Tribunal. The matter is remanded back to the learned Tribunal with the observation that the same shall be proceeded further from the stage of death of party concerned.

In the event of any application being filed to bring on record the legal representatives of deceased-Deep Ram, the same be decided, in accordance with law, without being influenced by the observations made by this Court in this order. As prayed for, learned Tribunal can also go into the issue of abatement on account of legal representatives of deceased-party not having been substituted within the statutory period. Pending miscellaneous application(s), if any, also stand disposed of accordingly.