- (1.) Civil Appeal No. 13329 of 2015 Heard the learned counsel for the parties.
(2.) It is not in dispute that K.C.Subramanyam, who was the sole claimant, died on 14.10.2011, whereas the judgment was rendered by the High Court as against the dead person on 12.07.2012. Thus, the appeal has abated and there was no substitution of his legal heirs. The impugned Judgment and order is a nullity and hence, is liable to be set aside only on the short ground. The appeal is, accordingly, allowed.
(3.) The impugned Judgment and order passed by the High Court is set aside and the order passed by MACT is restored. SLP (C) NO. 7856-7857 OF 2016 3. In view of the finding recorded in paragraph 5 of the impugned order that the driver was holding the licence of the motor vehicle and that the vehicle he was driving was a transport vehicle of that category and the case is covered by a decision of this Court in Mukund Dewangan Vs. Oriental Insurance Co. Ltd. reported in, 2017 7 Scale 731, there was no violation of the terms and conditions of the licence and the insurance policy. The liability has to be joint and several of owner, driver and Insurer.;