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