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Judgment
Virender Singh, Judge (Oral)
AppellantNational Insurance Company Limited has preferred the present Appeals against the awards dated 02.06.2018, passed by the Court of learned Motor Accidents Claims TribunalIV, Kangra at Dharamshala, District Kangra, H.P. (hereinafter referred to as the ‘learned MACT’).
Respondent No.2, in FAO(MV) Nos. 518 and 519 of 2018 and respondent No.3, in FAO No. 520 of 2018, is stated to have expired. As per the contents of the applications, bearing CMP No.18348 of 2026 in FAO(MV) No.518 of 2018, CMP No.18326 of 2026 in FAO (MV) No.519 of 2026 and CMP No.18325 of 2026 in FAO (MV) No.520 of 2026, respondent Somnath expired on 02.06.2015. In order to demonstrate the said fact, death certificate of Shri Somnath issued by the competent authority has been annexed.
On 02.06.2015, the lis was pending before the learned MACT. Meaning thereby, the award has been passed against a dead person, as, no efforts have been made by the claimants to bring on record the legal representatives of respondentSomnath, who, as per the stand taken by the claimants, was driver of the offending vehicle. Learned MACT has given the right to recover the amount from the owner and driver of the offending vehicle.
Since, the death had taken place, when the lis was pending, before the learned MACT, as such, the awards passed by the learned MACT, for or against a dead person is nullity.
The Hon’ble Apex Court in ‘Gurnam Singh (Dead) through Legal Representatives & Ors. Vs. Gurbachan Kaur (Dead) by Legal Representatives’ (2017), 13 SCC 414, has observed, in para No.21, as under:
“It is a fundamental principle of law laid down by this Court in Kiran Singh’s case (supra) that a decree passed by the Court, if it is a nullity, its validity can be questioned in any proceeding including in execution proceedings 4 or even in collateral proceedings whenever such decree is sought to be enforced by the decree holder. The reason is that the defect of this nature affects the very authority of the Court in passing such decree and goes to the root of the case. This principle, in our considered opinion, squarely applies to this case because it is a settled principle of law that the decree passed by a Court for or against a dead person is a ‘nullity’.”
In view of the above, this Court is left with no option, but, to set aside the awards passed by the learned MACT and to remand the matters back to the learned MACT, for fresh disposal, in accordance with law, after bringing on record the legal representatives of the respondent No.2, in FAO(MV) Nos. 518 and 519 of 2018 and respondent No.3, in FAO No. 520 of 2018.
Since, the claim petitions have been filed in the year 2011, as such, it is expected from the learned MACT to decide the matters, on or before 31.12.2026.
8. With these observations, the awards dated 02.06.2018, passed by the learned MACT, are set aside.
Parties, through their counsel, are directed to appear, before the learned MACT, on 31st August, 2026.
All pending miscellaneous applications shall also stand disposed of.
Record be sent back, immediately.