JUDGMENT :

This order shall take care of the main appeal as well as miscellaneous applications which have been filed in the present proceedings.

This appeal has been filed by the Insurance Company feeling aggrieved by the award passed by learned Motor Accident Claims Tribunal-IV, Shimla, H.P., in MAC Petition No.31S/ 2 of 2008, titled as Smt. Raj Kumari & others Versus The New India Assurance Company Limited & others, decided on 01.11.2019, in terms whereof a Motor Accident Claims Petition filed by the petitioners therein was allowed by the learned Tribunal by awarding an amount of Rs.19,60,540/- alongwith interest in their favour.

2. After the institution of the appeal and issuance of notices to the respondents, it transpired that respondent No.4 in the appeal (Shri Khiali Ram), who happened to be petitioner No.4 before the learned Tribunal, had in fact died during the pendency of the Claim Petition before the learned Tribunal on 16.05.2018. In this background, though an application was filed under Order 1, Rule 10 of the Code of Civil Procedure by the appellants for deletion of the name of said respondent, but by placing reliance upon the judgment passed by the Hon’ble Supreme Court in (2017) 13 Supreme Court Cases 414, titled as Gurnam Singh (dead) through Legal representatives and Others Versus Gurbachan Kaur (Dead) by Legal Representatives, learned counsel for the appellants has argued that as in the present case the award stood passed by the learned Tribunal, ignoring the factum of death of one of the party before it, therefore, the award is liable to be set aside on this count alone being a nullity.

3. Learned counsel for the respondents has submitted that though it is a matter of record that Shri Khiali Ram had died during the pendency of the Claim Petition, however, as the interest of Shri Khiali Ram was duly represented before the learned Tribunal, therefore, his death has not resulted in any miscarriage of justice and the award cannot be termed to be a nullity on this count alone. Accordingly, he has prayed that the appeal be heard on merit.

4. Having heard learned counsel for the parties, this Court is of the considered view that as now in (2017) 13 Supreme Court Cases 414, titled as Gurnam Singh (dead) through Legal representatives and Others Versus Gurbachan Kaur (Dead) by Legal Representatives, Hon’ble Supreme Court has been pleased to hold that the judgment/order passed in favour of and also against a dead person is a nullity, in this backdrop this Court has no option but to set aside the award passed by the learned Tribunal and remand the matter back to the learned Tribunal to take a call of the effect of the death of the deceased claimant on the proceedings from the said stage.

5. Accordingly, this appeal is disposed of by setting aside the award passed by the learned Motor Accident Claims Tribunal-IV, Shimla, H.P., in MAC Petition No.31-S/ 2 of 2008, titled as Smt. Raj Kumari & others Versus The New India Assurance Company Limited & others, decided on 01.11.2019, on the ground that the same has been passed ignoring the death of one of the claimants before it, i.e. claimant No.4 Shri Khiali Ram, with the observation that the learned Tribunal to now proceed in the matter from the stage of the death of the said claimant and in the event of any appropriate application being filed in this regard before the learned Court below by the parties concerned, then the same be dealt with on its own merit.

6. The award amount, as prayed for, is ordered to be refunded in favour of the appellant with up-to-date interest. The record, if received by this Court is ordered to be returned back to the learned Court below. The represented parties are directed to appear before the learned Tribunal on 02.05.2022. Pending miscellaneous applications, if any, stands disposed of. Interim order, if any, stands vacated.