IN THE SUPREME COURT OF INDIA

CIVIL   APPELLATE JURISDICTION

CIVIIL APPEAL NO. 5324   OF 2008                (Arising out of SLP(C)No.15080 OF 2007)

SUMATHI AND ORS. ... APPELLANT(S)

:VERSUS:

N. BALAKRISHNAN AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

Appellants filed an application claiming compensation for a sum of Rs. 25

lakhs in terms of Section 166 of the Motor Vehicles Act, 1988. An award for a sum

of  Rs.9,79,020/-  was  made.  Against  the  award  of  the  Motor  Accidents  Claims

Tribunal, both the parties preferred separate appeals before the High Court.  

The  appeal  preferred by  the  New India  Assurance  Company Ltd.  was

dismissed. However, in the said appeal the appellants were not represented.  

-2-

The appeal preferred separately by the appellants herein was, however,

dismissed  only  on  the  ground  that  the  Insurance  Company's  appeal  had  been

dismissed. As the appellants were not represented in the appeal preferred by the

Insurance Company, we would, while setting aside the impugned judgment, direct

the High Court to decide the appeal preferred by the appellants afresh on its own

merits, as expeditiously as possible.  

The appeal is disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, AUGUST 25, 2008.