RANVEER SINGH Vs. NATIONAL INSURANCE CO. & ANR.

JUDGEMENT

(1.) Instant appeals have been filed by the appellants Ranveer Singh and Sadhu Singh under Sec. 173 of the Motor Vehicles Act, 1988 against the order and award dated 26.8.2002 passed by the Motor Accident Claims Tribunal, Sri Karanpur in MACT Case No. 3/97 (48/90) and 10/97 (47/90) respectively whereby, the learned Tribunal declared the proceedings to have abated against the respondents and dismissed the claim petition filed by the appellants.

(2.) Briefly stated facts of the case are that the appellants while going on motorcycle on 28.7.89 were hit by a vehicle Metador due to which the appellants sustained serious injuries and initially a claim petition was filed by the appellant claimants against the driver Inderjeet Singh and the Insurance Company but when the fact of Shiv Singh being the owner of the vehicle came to notice of the appellant, the appellants moved an application for impleading Shiv Singh as respondent in the claimants on 9.9.06. However, on the report of process server, it came to the notice that the owner Shiv Singh has expired upon which an application for impleading the legal representatives of deceased Shiv Singh was filed by the appellant on 12.10.2001 and on the objection of the legal representatives of the owner of vehicle, the proceedings against the owner were ordered to be abated vide order dated 18.7.2002 and the proceedings continued against respondents Insurance Company.

(3.) Thereafter, the Insurance Company filed an application under Order 1, Rule 10 read with Sec. 151 Code of Civil Procedure to the effect that since the proceedings against the owner have been abated, the proceedings against the insurance company is also liable to be abated since no liability can be fixed on the owner owning to his death and no cause of action for suing the Insurer exists.