SUSHILA Vs. RAJVEERSINGH

JUDGEMENT

(1.) Feeling aggrieved by the award whereunder as against the claim of Rs. 10,60,000/-, the Motor Accidents Claims Tribunal, Gwalior had determined the quantum of compensation of only an amount of Rs. 1,44,600/-, the claimants have now come up in appeal seeking redress praying for the reversal of the impugned award and enhancement of the amount of compensation.

(2.) The Insurer impleaded as respondent No. 3 in the appeal has filed a cross-objection under Order XLI, Rule 22, C.P.C., seeking the modification of the award and the reduction in the quantum of compensation.

(3.) During the pendency of the appeal, an application, I.A. No. 7105/97, was filed by the appellant praying that the service of the notice of the appeal so far as the respondent No. 1, the driver of the offending vehicle was concerned, be dispensed with as the case against him before the Motor Accidents Claims Tribunal had proceeded ex parte and the notice of the appeal sent to him could not be served. It was further prayed that since the owner of the offending motor vehicle impleaded as respondent No. 2 in the appeal had died, his name be deleted from the memorandum of the appeal as it was not required under the law to bring on record his heirs and legal representatives.