IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No.: 287 of 2010 Date of decision : 18.6.2011. Ram Nath …Appellant. Versus Ramku and another …Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No. For the Appellant: Mr. Dinesh Bhanot, Advocate. For the respondent No.1: Mr. P.S.Chandel, Advocate. For the respondent No.2: Mr. Manohar Lal Sharma, vice Mr. Rakesh Thakur, Advocate. Deepak Gupta, J.(Oral) 1. Main ground raised in this appeal filed under Section 173 of the Motor Vehicles Act is that the award was passed against a dead person and therefore, was a nullity. 2. The claimant Ramkoo, who is the mother 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 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes. 2 arguments Shri Sewa Singh vice Shri H.R.Sharma, Advocate, appeared for respondent No. 1 Ram Rakha. However, alongwith 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. 3. 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 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. 4. The parties through their counsel are directed to appear before the learned Tribunal on 18th August, 2011. The 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. 18th June, 2011 ( Deepak Gupta ) ™ Judge.