2008 INSC 1812
                                    SUPREME COURT OF INDIA

                                                   Sumathi

                                                      Vs.

                                              N. Balakrishnan

                                           C.A.No.5324 of 2008

                                   (S.B. Sinha and Cyriac Joseph JJ.)

                                                  25.08.2008

                                                   ORDER

1. Leave granted.

2. 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.

3. The appeal preferred by the New India Assurance Company Ltd. was dismissed. However,
in the said appeal the appellants were not represented.

4. 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.

5. The appeal is disposed of accordingly.

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