Point in Issue :
Whether award passed against deceased without bring his heirs and legal representative on record sustainable?

Ms. R.M. Doshit, J.—These two Appeals preferred under Section 173 of the Motor Vehicles Act, 1988 arise from the judgment and award dated 22nd March, 2006 passed by the Motor Accident Claims Tribunal, Vadodara in Motor Accident Claim Petition No. 141/1998.

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

3. Pending the Claim Petition, the owner of the insured vehicle Shri Chandrasinh C.Padhiyar had passed away on 6th January, 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 the record. In fact, they are not brought on record till the date.

4. In above view of the matter, the impugned judgment and award passed by the Tribunal against the dead person is a nullity. We, therefore, allow the First Appeal No. 4469/2006 preferred by the insurer - Oriental Insurance Company Limited. We quash and set-aside the impugned judgment and award dated 22nd March, 2006 passed by the Motor Accident Claims Tribunal, Vadodara in Motor Accident Claim Petition No. 141/1998. 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.

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

6. 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.