R KAMALA Vs. SHAIK MOHD GHOUSE

JUDGEMENT

(1.) The question that falls for consideration in this appeal is whether the appeal filed by the claimants seeking enhancement of the compensation awarded by the Tribunal, is vitiated for not bringing the legal representatives of the deceased owner - insured, during the pendency of the appeal.

(2.) The brief facts of the case are that the claimant met with an accident due to the rash and negligent driving of the driver of the lorry bearing No.9720, which resulted in multiple injuries to the claimant. Hence the claimant filed the claim petition claiming an amount of Rs.1,00,000.00 on all counts. The Tribunal allowed the claim to the extent of Rs.53,000/- with interest at the rate of 9 per cent per annum. The Tribunal while granting the above amount, made both the owner - insured as well as the insurance company as jointly and severally liable and awarded proportionate costs.

(3.) Not being satisfied with the awarded amount, the claimant preferred an appeal before this court in C.M.A.No.143/1989 for enhancement of compensation. Pending adjudication of the appeal, the owner - insured died and the claimant did not take any steps to bring the legal representatives of the insured and as such by order dated 25-7-1997, the appeal against him was dismissed.