LAWS(MAD)-2020-7-450

NATIONAL INSURANCE CO. LTD Vs. V.R. KARTHIKEYAN

Decided On July 28, 2020
NATIONAL INSURANCE CO. LTD Appellant
V/S
V.R. Karthikeyan Respondents

JUDGEMENT

(1.) The Insurance Company is the appellant. It is aggrieved by the impugned Judgment and Decree dated 21.03.2005 passed by the Motor Accidents Claims Tribunal and Additional District Court (Fast Track Court No.5, Ariyalur, in M.C.O.P.No.643 of 2003.

(2.) By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.7,89,000/- as compensation together interest at 9% from the date of the claim petition till the date of deposit, payable by the appellant Insurance Company, to the 1st respondent/claimant for injury suffered by him in a motor accident.

(3.) Aggrieved by the same, the appellant Insurance Company has filed this Civil Miscellaneous Appeal. During the pendency of this appeal, the 1st respondent, who was the sole claimant before the Tribunal, died. Therefore, the 3rd to 5th respondents were impleaded vide order dated 28.07.2020 (today) of this Court in C.M.P.Nos.6594, 6600 and 6635 of 2020 as his legal representatives. Though the notice ought to have been sent to the 3rd to 5th respondents, who were impleaded as legal representatives of the 1st respondent/claimant, I find no necessity for the same as a portion of the award amount has been already disbursed and considering the fact that the appeal filed by the appellant Insurance Company is liable to be dismissed.