NEW INDIA ASSURANCE COMPANY, JODHPUR Vs. SANTOSH

JUDGEMENT

(1.) These two appeals arise out of two claim petitions filed by same set of claimants in respect of two deaths that occurred in same accident and raise a common issue. Hence, the two appeals are being heard and decided together. The accident took place on 21.5.1979 and both claims have been tried together and decided by one single order.

(2.) In each case the respondent No. 7, lqbal Mohammed has not been served who was driving the vehicle at the time of accident and we shall presently notice that for the decision of the issue which has been raised in these appeals, the presence of lqbal Mohammed is not necessary, therefore, we dispense with the service of lqbal Mohammed for the purpose of deciding these appeals.

(3.) It may also be noticed that during the pendency of this appeal claimants Smt. Santosh and Smt. Hulasi Devi have died. On application having been made in that regard their names have been deleted and as their legal representatives were already taken on record, therefore, in the appeals such legal representatives have been treated to be party in their own capacity as well as representing the estate of deceased claimants.