Hon'ble RAFIQ, J.—This appeal has been preferred by appellant-owner. Despite service of notice, the claimants have not put in appearance to oppose the appeal. Shri Vinod Tyagi, learned counsel for the insurance company has appeared to contest the matter. 2. Shri Damodar Mishra, learned counsel for the appellant has made two fold submissions. His first submission is that learned Tribunal would not have proceeded against the appellant Roop Singh any further after his. He died during the pendency of proceedings on 29.4.05, whereas award was passed on 19.2.2007. His legal representatives were never brought on record and, therefore, the claim petition should have been dismissed as having been abated. His second contention is that the learned Tribunal in its finding on issue No.1 has held that driver of the vehicle was Pappu, whereas Pappu was not impleaded as party to the claim petition. In his absence, claim petition could not be allowed. It was argued that the insurance company on that basis has been exonerated of its liability. 3. Shri Vinod Tyagi, learned counsel for the respondent insurance company opposed the appeal but was not in a position to dispute the above referred to two arguments based on facts and law. 4. Having regard to the submissions aforesaid, I find that the claim petition has been allowed against a dead person. His legal representatives having not been brought on record and also Pappu was not implemented as party, therefore, the impugned award deserves to be set aside and is accordingly set aside. The matter is remanded back to the Tribunal for fresh adjudication with the direction that deceased Roop Singh shall stand substituted by his legal representatives who have filed the present appeal and Pappu shall be impleaded as non-claimant. The claimants shall be under an obligation to supply his particulars. The parties are directed to appear before the Tribunal on 19.12.2011. A notice of that proceeding shall also bee issued to the parties not appearing and the other parties by the learned Tribunal. With that direction, the appeal is disposed of.