ORIENTAL INSURANCE CO LTD Vs. HANSABEN KHUMANSINH PADHIYAR

JUDGEMENT

(1.) 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.