NEW INDIA ASSURANSE CO LTD Vs. JAI SINGH

JUDGEMENT

(1.) HEARD on LA. No. 1380 of 2005. This is an application made by applicant under Order 22, rule 4 of Civil procedure Code for substitution of legal representatives of deceased Jai Singh, respondent No. 1, who died pending appeal on whom according to applicant right to sue has devolved consequent upon the death of respondent No. 1. The application is within time. The L. Rs. were noticed. They are served and duly represented. In this view of the matter and on consideration of aforesaid facts, the application is allowed. The name of respondent No. 1 be accordingly, deleted and in his place, the names of legal representatives be brought on record as respondent Nos. 1 (a) to 1 (e)as specified in the application. Memo of appeal be accordingly, amended within a week.

(2.) THIS is an appeal, filed by insurance company under section 173 of the Motor vehicles Act (for short called 'the Act'), against an award dated 30. 9. 2004, passed by the learned Member, Motor Accidents claims Tribunal, Indore in Claim Case no. 236 of 2004 whereby the Tribunal has allowed in part the claim petition of Jai singh, respondent No. 1, filed under section 163-A of the Act and awarded a total compensation of Rs. 7,90,268 for the injuries sustained by him in vehicular accident.

(3.) FACTS necessary for the disposal of this appeal need mention in brief infra. In fact they lie in a narrow compass.