UNITED INDIA INSURANCE COMPANY LTD Vs. GANESAN

JUDGEMENT

(1.) CHALLENGING the award dated 19.12.2008 passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Ranipet, in M.C.O.P.No.430 of 1999, the insurance company has filed present appeal.

(2.) LEARNED counsel appearing for the appellant insurance company submitted that the present appeal is filed only for the reason that the issue with regard to the legal heirship of the deceased Vasantha was not decided by the Tribunal in spite of the defence taken by the appellant that respondents 1 to 5/claimants are not the legal heirs of the deceased Vasantha. The learned counsel further submitted that originally the claim was made by respondents 1 to 5 claiming themselves as the husband and the children of the deceased, who had died in an accident that had occurred on 30.07.1999. During the pendency of the claim petition, the 7th respondent herein viz., Kallu has filed an application in I.A.No.1306 of 2002 and got impleaded himself as one of the respondents in the claim petition and opposed the claim made by the claimants stating that he is the husband of the deceased Vasantha. In order to substantiate the defence taken by the 7th respondent, he has also examined himself as R.W.1 and marked the ration card pertaining to the year 1993 as Ex.R-1, in which the 7th respondent has been shown as the husband of the deceased Vasantha. Moreover, on enquiry, the appellant insurance company came to know that one Renuka Devi is the wife of the 1st respondent and respondents 2 to 5 are born to the said Renuka Devi. In spite of the dispute raised by the appellant insurance company with regard to the legal heirship of the deceased Vasantha, the Tribunal has not adjudicated the said issue. Therefore, by setting aside the award dated 19.12.2008, the matter has to be remitted to the Tribunal for the purpose of deciding the claim of respondents 1 to 5 that they are the legal heirs of the deceased Vasantha.

(3.) HEARD the learned counsel for the parties and perused the materials available on record.