MAHENDER KUMAR Vs. RAVI SHANKAR

JUDGEMENT

(1.) By way of the present appeal, the appellants seek to challenge the impugned award dated 30.11.2007 so as to claim enhancement in the compensation amount over and above the amount of Rs. 6,78,400/- awarded by the Tribunal inclusive of interim compensation. The present appeal filed by the appellants can be disposed of at the stage of admission itself.

(2.) Respondent No. 3 insurer of the offending vehicle is being duly represented by Mr. Kanwal Chaudhary Advocate who is the designated counsel of the respondent Insurance Company. There is no dispute that the offending vehicle is duly insured with respondent No. 3 and being the insurer of the offending vehicle, respondent No. 3 alone is required to pay compensation amount being indemnifier of the insured.

(3.) Respondent Nos. 1 and 2 are the driver and owners of the offending vehicle and they did not contest the case before the Tribunal mainly on the ground that the offending vehicle is duly insured with respondent No. 3 insurance company. I, thereforee, do not feel any necessity of directing notices of the present appeal on respondent Nos. 1 and 2 as the service of notice upon respondent Nos. 1 and 2 would be sheer waste of time and would unnecessarily cause delay in the disposal of the present appeal. Notice on respondent Nos. 1 and 2 is accordingly dispensed with. Respondent No. 4 is the widow of the deceased late Sh. Ashok Kumar and the said widow before the Tribunal had foregone her claim for compensation as she got remarried during the pendency of the claim petition before the Tribunal. The widow herself made statement before the Tribunal on 9.1.2007 to this effect. In view of the relinquishment of the claim by respondent No. 4, there is no need to direct service of present appeal on respondent No. 4 as well. Notice on respondent No. 4 is also dispensed with.