THE NEW INDIA ASSURANCE COMPANY Vs. GANESHU DEVI

JUDGEMENT

(1.) BOTH these petitions are taken up for decision together. In review petition, prayer made by the petitioner is for review of the judgment of this Court dated 2nd December, 2005 passed in appeal preferred by the Insurance Company against the award of the learned Motor Accident Claims Tribunal. Insurance Company was held liable to compensate the dependants of the deceased Chuni Lal Kapila, who had died in a motor accident in the year 1997. The Insurance Company challenged its liability. The appeal was accepted and it was directed that:

(2.) I do not find from the judgment any representation on behalf of respondent No. 8 (deceased Harjinder Singh). No information having been given to this Court regarding the death of Sh.Harjinder Singh, his legal representative now seeks a technicality to avoid liability. This Court is not powerless in dealing with this kind of dubious practices. In : 2000 ACJ 1032, United India Insurance Co. Ltd. V. Rajendra Singh and others, the Supreme Court holds:

(3.) IN these circumstances, I do not find the order of the learned Executing Court to be in consonance with law. Having not informed the Court about the death of the deceased, having not contested the petition before the Tribunal as also the appeal in this Court, the legal heirs cannot march over equity and avoid liability. In these circumstances both these petitions are disposed of with the direction that the judgment passed in appeal in which review is sought will be treated as one having been passed to bind the estate of the deceased Harjinder Singh. The Execution Petition is directed to be restored to its original number and shall be proceeded in accordance with law. All miscellaneous applications are also disposed of.