SURINDER KAUR Vs. RAM SINGH

JUDGEMENT

(1.) By way of this application filed under Sec. 151 of the Code of Civil Procedure, the applicant has submitted that as respondent No. 2, Deep Ram, had died during the pendency of the claim petition itself, the award passed by learned Motor Accident Claims Tribunal is a nullity as the award has been passed ignoring the factum of death of the said party. This application is disposed of by taking this fact on record and effect thereof shall be seen in the main appeal.

(2.) When this appeal was taken up for consideration, learned Counsel for the appellant has submitted that the award under challenge is a nullity as it was passed by learned Tribunal ignoring the factum of death of Shri Deep Ram, respondent No. 2 before learned Tribunal, who died during the pendency of the claim petition on 11/3/2022.

(3.) Hon'ble Supreme Court of India in Gurnam Singh (dead) through Legal Representatives and Others Versus Gurbachan Kaur (dead) by Legal Representatives(2017) 13 SCC 414 , has been pleased to hold that any decree or order passed in favour of or against a dead person is a nullity.