Sumathi & Ors. Vs.
N. Balakrishnan & ANR.  INSC 1430 (25 August 2008)
JURISDICTION CIVIIL APPEAL NO. 5324 OF 2008 (Arising out of SLP(C)No.15080 OF
2007) SUMATHI AND ORS. ... APPELLANT(S) :VERSUS:
Appellants filed an
application claiming compensation for a sum of Rs. 25 lakhs in terms of Section
166 of the Motor Vehicles Act, 1988. An award for a sum of Rs.9,79,020/- was
made. Against the award of the Motor Accidents Claims Tribunal, both the parties
preferred separate appeals before the High Court.
The appeal preferred
by the New India Assurance Company Ltd. was dismissed. However, in the said
appeal the appellants were not represented.
-2- The appeal
preferred separately by the appellants herein was, however, dismissed only on
the ground that the Insurance Company's appeal had been dismissed. As the
appellants were not represented in the appeal preferred by the Insurance
Company, we would, while setting aside the impugned judgment, direct the High
Court to decide the appeal preferred by the appellants afresh on its own
merits, as expeditiously as possible.
The appeal is
disposed of accordingly.
DELHI, AUGUST 25, 2008.