JUDGMENT : Deepak Gupta, J. Main ground raised in this appeal filed u/s 173 of the Motor Vehicles Act, 1988, is that the award was passed against a dead person and, therefore, was a nullity. The claimant Ramku, who is the mother of the deceased Roshan Lal, filed a claim petition on account of the death of her son, which took place with tractor No. HP 12-6400, which is owned by Ram Rakha and driven by Ram Nath. It appears that the learned Tribunal was not informed that Ram Rakha has died and even at the stage of arguments Mr. Sewa Singh vice Mr. H.R. Sharma, Advocate, appeared for respondent No. 1, Ram Rakha. However, along with the appeal, the appellant has placed on record the death certificate of Ram Rakha, which shows that he had expired on 5.11.2009 much before the arguments were heard by the learned Tribunal. 2. An award against a dead person is a nullity. In a motor vehicle claim petition, the owner is a necessary party. His legal representatives had to be brought on the record. Therefore, without going into the merits of the case, the award is set aside only on the ground that it has been passed against a dead person. The parties through their counsel are directed to appear before the learned Tribunal on 18.8.2011. Learned Tribunal shall proceed with the matter and the claimant may file an application for bringing on record legal representatives of deceased Ram Rakha. The application shall be treated to be within time if filed on or before the said date. No costs.