NEW INDIA ASSURANCE COMPANY LIMITED Vs. FIRAOJA

JUDGEMENT

(1.) As per report of the Registry, respondent No. 2 stands duly served. As despite service, none has put in appearance on behalf of respondent No. 2, said respondent is ordered to be proceeded against ex parte.

(2.) By way of present appeal, the appellant has assailed the Award dated 12.01.2018, passed by the Court of learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P. in Claim Petition No. 17-NL/2 of 2013, titled as Firaoja v. Ritu Logistics, vide which, the Claim Petition was allowed by the learned Tribunal in the following terms:

(3.) Learned counsel for the appellant submits that the Award passed by the learned Tribunal is a nullity, as the same was passed in ignorance of the factum of the death of respondent No. 2 before the learned Tribunal, namely, Khatid, son of Sh. Abdul Ajij. By placing reliance upon the judgment of the Hon'ble Supreme Court in Gurnam Singh (dead) through legal representatives v. Gurbachan Kaur (dead) by legal representatives, (2017) 13 SCC 414, he submits that in view of the said fact, the Award be set aside and the matter be remanded back to the learned Tribunal for adjudication afresh, after taking into consideration the effect of the death of respondent No. 2 before it. He further submits that the claim petition was instituted in the year 2013 and respondent No. 2 died on 13th July, 2017, i.e., before the Award was passed by the learned Tribunal.