RADHEY SHYAM JAWARANI Vs. WALLIGURU KHAN

JUDGEMENT

(1.) This is a bunch of six appeals preferred under Sec. 173 of the Motor Vehicles Act 1989. Three appeals have been preferred by the claimants seeking enhancement of the award whereas the other three appeals have been instituted by the insurance company assailing the award. Since the issue of enhancement shall come subsequent as it first has to be determined whether the award passed by the Tribunal is in order. In case if the award survives only then the issue of enhancement shall be considered and in view thereof this Court proposes to take up the three appeals first which have been preferred by the insurance company.

(2.) The record would indicate that in the appeals filed by the Insurance Company, an application for substitution has been moved as the respondent no. 3 Sri Kungoo Mal had expired and he is survived by his son Radhey Shyam Jawarani. Significantly, despite the applications having been moved by the Insurance Company in the appeals filed by them yet the appellants of the other three appeals which have been filed by the claimants have not moved similar application for substitution.

(3.) Be that as it may, considering that the application for amendment is on record in few appeals which are being allowed as there is no issue of abatement as the legal heir is already on record, consequently, the said application shall also enure to the benefit of three other appeals filed by the claimants. The learned counsel for the appellant Sri I.P.S. Chaddha is permitted to carry out the necessary amendment in all the six appeals during the course of the day.