- (1.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant-Reliance General Insurance Co. Ltd., being aggrieved by judgment and award dated 30.1.2019 passed by the Motor Accident Claims Tribunal/IIIrd Additional District Judge, Azamgarh in MACT No.411 of 2011 ( Prabhawati Devi and others Versus Ajay Kumar Rajpur and others) .
(2.) It is pointed out by Sri Dixit that FAFO Defective No. 881of 2018 ( Reliance General Insurance Company Limited Versus Ramu Yadav and two others) decided on 6.8.2018 and First Appeal From Order No.882 of 2018 ( Reliance General Insurance Company Limited Versus Sanatarey Yadav @ Ram Santarey and 2 others) decided on 6.8.2018. This appeal also arises out of the same accident. 2.Even without going to the facts of the matter, the appeal will have to be dismissed as earlier even on delay condonation my brother Justice Ashok Kumar after condoning the delay dismissed the appeal on merits.
(3.) While going through the record, it is very clear that the grounds taken that the claimants were not the heirs of the deceased cannot be sustained as they are legal representatives of the deceased and, therefore, judgment of Apex Court in Manjuri Bera Versus Oriental Insurance Company Ltd., (2007) 10 SCC 643, it has to be held that the deceased was the legal heirs of the deceased and therefore were entitled to the compensation. The compensation awarded cannot be said to be exorbitant. Issue no.1 was rightly decided by the Tribunal as it was bound by the judgment in MACP No.409 and 410 of 2011 on the issue of negligence as it would operate as binding president on the subsequent Tribunal.;