DHANNALAL ALIAS DHANRAJ Vs. NASIR KHAN

JUDGEMENT

(1.) The original claimant, the injured in a motor accident, had filed the above appeal, seeking enhancement of compensation as awarded by the Motor Accidents Claims Tribunal[for short, 'the Tribunal'] and enhanced by the High Court. The claimant who was rendered 100% disabled, by reason of the accident, unfortunately died during the pendency of this appeal; on 24/4/2024. The legal representatives have substituted themselves in place of the deceased claimant/injured.

(2.) Heard, Mr. Shail Kumar Dwivedi, learned counsel for the appellants and Mr.Atul Nigam, learned counsel for the respondent insurance company.

(3.) The learned counsel for the insurance company raised a preliminary objection in continuing the appeal and considering it, by virtue of the substitution of the deceased claimant by his legal representatives. It is the contention of the insurer that since the claim is of compensation for personal injury, the continuation of the proceedings cannot be permitted by the legal representatives, going by Sec. 306 of the Indian Succession Act, 1925 and as interpreted by a Full Bench of the Madhya Pradesh High Court in Bhagwati Bai and Anr. v. Bablu and Mukund and Ors.,AIR 2007 MP 38 (FB). followed by a Single Judge of the High Court of Allahabad in Saroj Sharma v. State of U.P.,2014 SCC OnLine ALL 7707.