JP POWER GRID LIMITED Vs. MEENA RAM

JUDGEMENT

(1.) Being aggrieved and dissatisfied with award dtd. 7/12/2022 (Annexure P-8), passed by the learned Additional Advocate General (II), Shimla, District Shimla, whereby court below while allowing the claim petition filed by the sole respondent namely Sh. Meena Ram under Sec. 16(3) of the Indian Telegraph Act, saddled the respondents (petitioners herein) with liability to pay compensation to the tune of Rs.42,31,874.00 alongwith interest @ 9% from the date of filing of the present petition till recovery of the entire amount, on account of damage caused to his orchard.

(2.) Careful perusal of the petition reveals that though impugned award has been laid challenge on various grounds, but before case at hand could be heard and decided on its own merits, it is transpired that petitioner Sh. Meena Ram had expired during the pendency of the claim petition, yet court below without bringing on record the LRs of the deceased claimant, proceeded to pass the award.

(3.) Mr. Parmod Singh Thakur, Advocate, representing one of the LRs of afore sole respondent, while fairly admitting factum with regard to the death of the sole petitioner during the pendency of the claim petition, stated that since no application for bringing on record the LRs, if any, of deceased petitioner Sh. Meena Ram, was filed before the court below, there was otherwise no occasion for it to take cognizance of the same, but he fairly submitted that on account of disposal of the petition, without bringing on record the LRs of the deceased, entire proceedings stand vitiated.