NEW INDIA ASSURANCE CO. Vs. BALU

JUDGEMENT

(1.) These applications (CMPs(M) No. 386 and 387 of 1999 in FAO (MVA) No. 145 of 1991, CMPs (M) No. 388 and 389 of 1999 in FAO (MVA) No. 146 of 1991 and CMPs(M) No. 390 and 391 of -1999 in FAO (MVA) No. 201 of 1991) have been filed by the appellant -Insurance company for bringing on record legal representative of deceased respondent Harbans Lal after setting aside abatement and in the alternative for exemption from the necessity of substituting legal representative of deceased Harbans Lal, who had admittedly neither contested the claim petitions nor the appeals.

(2.) The brief facts are that these appeals at the instance of New India Assurance Company arise out of the same accident of bus No.DEP -6466 owned by deceased respondent Harbans Lal. In all the claim petitions filed by respon -dents -claiments out of which the present appeals have arisen deceased Harbans Lal was party respondent but he did not care to come forward to contest the claim petitions despite due service upon him, as noticed in the impugned awards. In these three appeals (FAO(MVA) Nos. 145, 146 and 201 of 1991) also he was duly served but he failed to put in appeearnace. The fourth appeal (FAO(MVA) No. 168 of 1991) was the last one ot be admitted on 14.11.1991 when it was ordered that it will be heard alongwith FAOs(MVA) 145,146 and 201 of 1991, when notice of FAO(MVA) No. 168 of 1991 was sent to respondent Harbans Lal it was reported that he had died on 23.10.1992 and on the application filed bythe appellant -Insurance Company his legal representative, namely, Sunil Kumar alias Raju was brought on record by order dated 20.3.1995. When all the four appeals came up for final hearing on 27.7.1999 it was pointed out by learned counsel appearing for sunil Kumar alias Raju on FAO(MVA)No. 168 of 1991 that legal representative of deceased Harbans Lal has not been brought on record in FAOs(MVA) 145, 146 and 201 of 1991. On this, learned counsel for the appellant -Insurance Company took time to take necessary steps and filed these applications under consideration.

(3.) This Court has heard learned counsel for the parties and gone through the record.