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Judgment
Sandeep Sharma, J
Being aggrieved and dissatisfied with award dated 7.12.2022 (Annexure P-8), passed by the learned Additional Advocate General (II), Shimla, District Shimla, whereby court below while allowing the claim petition filed by the sole respondent namely Sh. Meena Ram under Section 16(3) of the Indian Telegraph Act, saddled the respondents (petitioners herein) with liability to pay compensation to the tune of Rs. 42,31,874/- alongwith interest @ 9% from the date of filing of the present petition till recovery of the entire amount, on account of damage caused to his orchard.
Careful perusal of the petition reveals that though impugned award has been laid challenge on various grounds, but before case at hand could be heard and decided on its own merits, it is transpired that petitioner Sh. Meena Ram had expired during the pendency of the claim petition, yet court below without bringing on record the LRs of the deceased claimant, proceeded to pass the award.
Mr. Parmod Singh Thakur, Advocate, representing one of the LRs of afore sole respondent, while fairly admitting factum with regard to the death of the sole petitioner during the pendency of the claim petition, stated that since no application for bringing on record the LRs, if any, of deceased petitioner Sh. Meena Ram, was filed before the court below, there was otherwise no occasion for it to take cognizance of the same, but he fairly submitted that on account of disposal of the petition, without bringing on record the LRs of the deceased, entire proceedings stand vitiated.
Since it is not in dispute that sole petitioner had expired during the pendency of the claim petition, learned court below before passing final award ought to have ordered for substitution of his LRs or ought to have proceeded in accordance with law in the absence of the LRs of the deceased petitioner Sh. Meena Ram before passing impugned award. Since learned court below has omitted the aforesaid exercise, award passed by it, being nullity, deserves to be set-aside on this ground only.
Consequently, in view of the above as well as fair stand adopted by the learned counsel for the parties, impugned award dated 7. 12.2022, passed by the learned Additional District Judge, Shimla-II, in Petition No.7-T/2 of 2013/2012, is set-aside and matter is remanded back to the court below with direction to decide afresh, but after deciding the application (CMP No. 772 of 2023) for bringing on record LRs of deceased respondent, which is already pending adjudication before the court below. Needless to say, court below while doing the needful in terms of instant judgment shall afford an opportunity of hearing to the petitioners herein as well as claimants and pass fresh award, within three months from today. To avoid further delay, learned counsel for the parties undertake to cause presence of their respective clients on 10.5.2024 before the court below, enabling it to proceed with the matter further. In the aforesaid terms, present petition is disposed of alongwith all pending applications.