ORIENTAL FIRE AND GENERAL Vs. BISHWANATH PD SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order and award passed by the 1st Addl. District Judge cum Motor Accidents Claims Tribunal, Muzaffarpur, under which he has held the owner (respondent No. 3) and the insurer (appellant) of the offending vehicle No. BHF -1343 liable to pay jointly and severally Rs. 86, 800.00 to the claimants as compensation and has directed them to pay the amount after deduction of adinterim compensation already paid, with interest at the rate of 10% per annum within 60 days of the order and has further directed that in case of their failure to pay the amount they shall be further liable to pay penal interest at the rate of 15% per annum on the amount of compensation.

(2.) LEARNED Counsel for all the parties were heard.

(3.) LEARNED Counsel for the claimant submitted that the appeal is not maintainable in the absence of two necessary parties (i) Arun Kumar Singh and (ii) Manju Devi, who were substituted by the Tribunal in place of Sumitra Devi, one of the claimants on her death.