Smt. Sahagi And ORS. v. Heeralal Rajware And ORS.
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IN THE HIGH COURT OF JUDICATURE OF
CHHATTISGARH AT BILASPUR M.C.C. No.
Moi?
[2013 i f (Arising out of Miscellaneous Appeal No. 994/2003 ] APPELLANTS :
1) Smt Sohagi W/o Late Ramawtar ' aged about 61 years, 2) Ramkripal Sahu S / o Late A. ¢,y Ramawtar Aged about 46 years, 'Q, q'
Q-so'soyb gx 3) Shiv Kumar Sahu S/ o Late Ramawtar, aged about 46 years, W03 & natural guardian mother Smt Meera bai Wd/o Late Shiv Kumar Sahu All residence Village Odagi Thana Tah Baikundur District Korea (C.G.)
VERSUS
RESPONDENTS :
Heeralal Rajware S/o Bairatram [l/ Rajware, aged about year, Dhoura Tikara thana Tah baikundpur, District Koria (C.G.) (Driver Jeep No.
C.G.
16A/0053) 2, Rajesh Kumar Shivhare S/o Chandrika Prasad Shivhare Baikundpur, Thana & Tah Baikundpur District Koria (C.G.) (Owner Jeep No.
C.G.
16A/OO53) 3.
United India Insurance Company Branch near Ram Mandir, Ambikapur Distt Sarguja (C.G.) (insurer Jeep No.
C.G.
16A/0053)
M.C.C.No.1203 of2 @ '
Page HIGH COURT OF CHHATTISGARH AT BILASPUR M.C.C.No.1203 of 2013 Petitioners 1.
Smt.Sohagi 2.
Ramkripal 3.
Shiv Kumar Sahu
Versus
Respondents .
Heeralal Rajware.
2.
Rajesh Kumar Shivhare :53};
3.
United India Insurance Company (Application for modincation) Mr.G.P.Kurre, counsel for the petitioners.
(SB:
HON'BLE MR. T.P. SHARMA, J.)
ORDER
(Passed on 1.1.2014) 1.
By this application the petitioners have prayed for modification of the order dated 30.8.2013 passed in M.A.No.994 2003, whereby award dated 2.9.2003 passed by Additionai Motor Accident Ciaims Tribunal, Baikunthpur, in Motor Accident Case No.89/2002 has been modified and enhanced.
2.
i have perused l.A.No.1 for amendment in the cause title. 3.
Learned counsel for the petitioners submits that during pendency of appeal petitioners No.1 died, but on account non-avaiiability of information their Iegal representatives have not impleaded as a party.
Learned counsel further submits that petitioner No.3 died Ieaving behind four legal representatives namely Smt.Meera Bai, Pradeep Kumar Sahu, Pankaj Kumar Sahu Ku.Arti, they are also legal representatives of deceased petitioner No.1 including other son petitioner No.2, therefore, order may be modified to that extent.
4.
Although order passed for or against dead person is a nullity, but considering modification enhancement of the award l l
M.C.C.No.1203 of2013 death, of two persons during pendency of the appeal, in the interest of justice, M.C.C. stands disposed of with a direction that in place of petitioners No.1 and 3 i.e. appellants No.1 and 3 in the order dated 30.8.2013 passed in M.A.No.994 of 2003, petitioner No2 namely Ramkripal Sahu and legal representatives of petitioner No.3 namely Smt.Meera Bai, Pradeep Kumar Sahu, Pankaj Kumar Sahu KLr.Arti shall be read as appellants party. Compensation dues shall be given to aforesaid appellants i.e.
legal representatives petitioner No.3 and petitioner No.2 in place of appellant No.1. No order as to costs.
Certified copy as per rules.
"'xx Sd/~ T. P. Sharma Judge