SUMATHI Vs. N BALAKRISHNAN

JUDGEMENT

(1.) THE appeal above-mentioned being called on for hearing before this court on 25.8.2008, upon perusing the record and hearing the counsel for the appearing parties above- mentioned, respondent No. 1, not appearing though served, this court doth pass the following order: Appellants filed an application claiming compensation for a sum of Rs. 25,00,000 in terms of section 166 of the Motor Vehicles Act, 1988. An award for a sum of Rs. 9,79,020 was made. Against the award of the Motor Accidents Claims Tribunal, both the parties preferred separate appeals before the High Court. THE appeal preferred by New India As- surance Co. Ltd. was dismissed. However, in the said appeal the appellants were not represented. THE appeal preferred separately by the appellants herein was, however, dismissed only on the ground that the insurance company's appeal had been dismissed. As the appellants were not represented in appeal preferred by the insurance company, we would, while setting aside the impugned judgment, direct the High Court to decide the appeal preferred by appellants afresh on its own merits, as expeditiously as possible. THE appeal is disposed of accordingly. Orders accordingly.