NEW INDIA ASSURANCE CO. LTD. Vs. SAKULA DEVI

JUDGEMENT

(1.) When this appeal was taken up for consideration, learned counsel for the parties pointed out that claimant Smt. Sakula Devi had died during the pendency of the claim petition before the learned Tribunal. She is stated to have died on 23.10.2013. The award was announced by the learned Tribunal unaware of the factum of death of the said party on 10.10.2014. In view of the law laid down by Hon'ble Supreme Court in (2017) 13 SCC 414, titled Gurnam Singh(dead) through Legal Representative v. Gurbachan kaur (dead) by Legal Representatives, wherein Hon'ble Supreme Court has held that judgment/order, be it in favour or against a dead person is nullity, this appeal as argued by learned Senior Counsel for appellant has to be allowed on this short point only.

(2.) Hence, the appeal is allowed on account of the above mentioned reason and the award, dated 10.10.2014, is quashed and set aside on the ground that the same was passed by the learned Tribunal ignoring the factum that one of the party before it had died. Learned counsel for the respondents have further apprised the Court that during the pendency of this appeal, respondents No. 6 and 8 have also died. Said fact is taken on record.

(3.) It is clarified that this Court has not adjudicated the matter on merit, but has set aside the award on the ground that claim petition had become defective. The claim petition is remanded back to the learned Tribunal with the direction to pass appropriate order in the same and make an endeavor to dispose of the same by 31.03.2020. Represented parties through learned counsel are directed to appear before learned Tribunal on 18.09.2019. Award amount deposited by the appellant in the Registry of this Court is directed to be returned to the appellant with up to date interest in its bank account, details of which shall be furnished by the appellant in the Registry of this Court within two weeks.