1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR, BENCH AT JAIPUR JUDGMENT SB Civil Misc. Appeal No.4486/2008 Hanuman v/s Pappu alias Dinesh Date of Judgment ::: 14th November,2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sandeep Mathur, for the appellant. By the Court: Heard learned counsel for the appellant. The non-claimant No.1 / appellant, who is driver of the vehicle, has preferred this appeal being aggrieved with the impugned award dated 17.10.2002 passed by the Motor Accident Claims Tribunal Sambhar Lake, District Jaipur, whereby the learned Tribunal has awarded a total compensation of Rs.25,000/- in favour of claimant-respondent for injuries sustained by him in motor accident which took place on 31.1.1994 The only submission of the learned counsel for the appellant is that claim application was filed against the owner and driver of the vehicle. The owner of the vehicle died during the pendency of the claim application but no steps were taken for 2 substituting his legal representatives on record and without impleading the legal representatives of deceased owner of the vehicle on record, the claim application could not have been allowed against him only. He, therefore, contended that the learned Tribunal committed an illegality in passing the award against the appellant which is liable to be set aside. I have considered the submissions of the learned counsel for the appellant and examined the impugned award passed by the Tribunal. From a bare perusal of the impugned award, it appears that no such objection was taken by him before the Tribunal as the same does not find place in the impugned award. During the course of arguments, learned counsel for the appellant contented that the claimant moved an application to delete the name of owner of the vehicle on the ground that he has died. The driver contested the application by filing written reply wherein it was mentioned that his legal representatives should be brought on record. However, it was not mentioned in the reply as to who are the legal representatives of the deceased/owner of the vehicle, who could be substituted in his place. There is no evidence on record to the effect that the owner of the vehicle had died leaving behind legal representative on record. Even otherwise the award can be passed against the driver also. In 3 these circumstances, I do not find any force in the contention of the learned counsel for the appellant. In view of the above discussion, I do not find any merit in the appeal and the same is accordingly dismissed in limine. (N.K. Jain),J. Chauhan/ 4 SB CIVIL MISC. STAY APPLICATION No.2867/2008 IN SB Civil Misc. Appeal No.4486/2008 Hanuman v/s Pappu alias Dinesh Date of order ::: 14th November,2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sandeep Mathur, for the appellant. Since the appeal itself has been dismissed, the stay application filed therewith does not survive and the same also stands disposed of. (N.K. Jain), J. chauhan/