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Himachal Pradesh High Court

Kewal Ram Chauhan & Another vs Kishan Parsad & Others on 6 December, 2017

Author: Sureshwar Thakur

Bench: Sureshwar Thakur

          IN THE HIGH COURT OF HIMACHAL PRADESH
                          SHIMLA
                               FAO No.4227 of 2013 &
                               CMP(M) No. 1079 of 2016




                                                                                .
                               Date of Decision: 6.12.2017





    Kewal Ram Chauhan & another                                              .....Appellants.
                                         Versus





    Kishan Parsad & others                                                   ....Respondents.
    Coram:
    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.





    Whether approved for reporting?1

    For the Appellants:    r                      Mr. Arvind Sharma, Advocate.

    For the Respondents:                          Mr. Ashwani Sharma, Sr. Advocate

                                                  with Mr. Jeevan Kumar, Advocate, for
                                                  respondent No.3.


    Sureshwar Thakur, J (oral)

During the pendency of the instant appeal before this Court, co-respondent No.1, Krishan Chand is stated expire on 22.1.2011. Hence, the demise of co-respondent No.1 has occurred during the pendency of MACT No. 125-S/2 of 2012/07, before the learned Motor Accident Claims Tribunal (III), Shimla. The aforesaid application for his being substituted by his LRs, also the jurisdictional competence to making a pronouncement thereupon, is vested in the aforesaid MACT, whereat his demise occurred, yet palpably no endeavor was made, before the learned MACT concerned, for begetting his substitution by his LRs.

Whether reporters of the local papers may be allowed to see the judgment?

...2...

Consequently, his name continued to be reflected in the array of .

parties, in the award pronounced by the learned MACT, upon MACT No. 125-S/2 of 2012/07, thereupon the award is vitiated it being passed upon deceased respondent Krishan Chand.

Consequently, the appeal is allowed and the award pronounced by the learned MACT upon MACT No. 125-S/2 of 2012/07 is r to quashed and set aside. The matter is remanded to the learned MACT concerned, to after its making a pronouncement, in accordance with law, upon the application constituted therebefore by the concerned litigants', for begetting substitution of deceased Krishan Chand by his LRs, ITS within three months thereafter, making a fresh adjudication upon MACT No. 125-S/2 of 2012/07.

The parties are directed to appear before the learned MACT concerned, on 21.12.2017. All pending applications, also stand disposed of.

    6th December, 2017                         ( Sureshwar Thakur ),
        (kck)                                        Judge.




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