KISANAPPA AND ORS. Vs. MOHANSING AND ORS.

JUDGEMENT

(1.) HEARD . Admit.

(2.) THE award dated 23/01/2009 passed by the Motor Accident Claims Tribunal, Amravati holding the driver and owner of the offending vehicle liable to pay compensation is under challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'the said Act'). For the accident that took place on 30/11/2004, the present respondent Nos. 2 to 6 -original claimants filed Claim Petition under Section 166 of the said Act seeking compensation in that regard. The Claims Tribunal decided the proceedings by treating the driver and owner of the vehicle in question to be duly served. By judgment dated 23/01/2009, the Claim Petition came to be partly allowed holding the driver and owner of the vehicle liable to pay compensation of Rs.4,18,000/. Other respondents were exonerated. The aforesaid award was sought to be executed in which the legal heirs of the owner raised an objection that as said owner had expired on 02/09/2006, the award passed subsequently was a nullity. The Claims Tribunal rejected said objection by order dated 29/03/2014. Hence the legal heirs of the owner of the vehicle have filed the present appeal.

(4.) I have considered submissions as made and I have also gone through the documents filed on record. The Claim Petition was filed on 03/01/2005 while as per records, it is stated that the Tribunal proceeded on 09/02/2005 by treating the driver and owner as duly served in terms of service reports at Exhibits -11 and 12. On 21/03/2005 the roznama indicates that vide Exhibit -13 vakalatnama came to be filed by counsel on behalf of owner of the vehicle. The owner of the vehicle died on 02/09/2006 and the proceedings came to be decided on 23/01/2009.