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2023 DIGILAW 25 (UTT)

Neema Rana v. Mukkaram Khan

2023-01-06

ALOK KUMAR VERMA

body2023
JUDGMENT Alok Kumar Verma, J. - The present Appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988. 2. Heard Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, Mr. P.C. Maulekhi, learned counsel for respondent no.3 and Mr. Rajat Mittal, learned counsel for respondent nos. 4 and 5. 3. Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, submitted that the learned Motor Accident Claims Tribunal/IIIrd Additional District Judge, Dehradun has passed the impugned Award dated 06.02.2020 in Motor Accident Claim Petition No. 218 of 2017, 'Smt. Neema Rana Vs. Mukkaram Khan and Others', by which, the learned Tribunal has awarded a total sum of Rs.83,86,864 (Rupees Eighty Three Lakh Eighty Six Thousand Eight Hundred Sixty Four) as compensation along with an interest @ 7.5% per annum from the date of the petition till its actual payment. He submitted that the learned Tribunal has directed the Insurance Company to pay the whole amount of the said interest to the respondent no.4-Smt. Heera Rana. He further submitted that the said amount of the interest should be divided amongst the claimants, therefore, the present claimant has filed the present appeal. 4. Mr. Rajat Mittal, learned counsel appearing for respondent nos. 4 and 5, submitted that the respondent no.4, the mother of the deceased and the mother-in-law of the appellant-claimant, has died on 22.12.2022. 5. After the death of the respondent no.4, the mother-in-law of the appellant-claimant, all the successors of the deceased respondent no.4 will be entitled to receive their shares as successors, in accordance with law. 6. After the said submissions, Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, submitted that the appellant-claimant does not want to press the present appeal. 7. Learned counsel for the respondents have no objection. 8. The present Appeal (AO. No. 51 of 2021) is dismissed as not pressed.