Manak Mohta, J. - (1.) HEARD .
(2.) THESE three appeals have been filed by the Insurance Company against the common judgment and Award dt. 31.01.2001 passed by the Judge, Motor Accident Claims Tribunal No. 1, Jodhpur (hereinafter referred to in short as 'the Tribunal '), by which the learned Tribunal has exonerated the Insurance Company from its liability to pay the compensation to the claimants on the basis that on the fateful day the driver of the offending vehicle was not having a valid and effective driving licence. The learned Tribunal has further directed that initially the payment of compensation would be made by the Insurance Company but later on that amount would be recoverable from the owner of offending vehicle in the same proceedings. Thus, the appellant -Insurance Company being aggrieved by the order made in the judgment and Award under appeal, prefers these misc. appeals before this Court. During the pendency of the aforesaid appeals, respondent No. 4 the owner of the bus dies, therefore, in all the appeals the Insurance Company filed separate applications under Order 22 Rules 4 and 9 of C.P.C. for bringing on record the legal representatives of respondent No. 4 and also for setting aside the abatement of appeal along with an application under Section 5 of the Limitation Act stating therein that respondent No. 4 Mangal Singh S/o Lakshman Singh has expired way back in the year 2004. It was further stated in the applications that the factum of death of respondent No. 4 was conveyed by the learned Counsel for the respondent on 11.07.2006 and thereafter the applications could not be filed earlier and were filed on 26.07.2006 for taking on record the legal representatives of deceased -respondent No. 4.
(3.) DURING the course of arguments, it was submitted on behalf of the appellant -Insurance Company that due to inadvertence the applications could not be filed in time, as such, a liberal view may kindly be taken and it was prayed that the legal representatives of respondent No. 4 be ordered to be taken on record and the abatement of appeals be set aside and the aforesaid applications may kindly be allowed. Learned Counsel for the appellant in support of his contentions placed reliance on the judgment rendered in the case of Sardar Amarjit Singh Kalra v. : [2002]SUPP5SCR350 .;