NARAYANASWAMY Vs. DIVISIONAL CONTROLLER KSRTC KOLAR DIVISION

JUDGEMENT

(1.) THOUGH the matter is listed for orders, it is taken up for final disposal by consent of both the parties and the appeal is heard on merits.

(2.) THIS appeal is filed by the LRs of one Narayanaswamy who was a claimant before the MACT, Chintamani in MVC No. 12/2001.

(3.) THE claim petition was lodged by Narayanaswamy claiming compensation on account of the injuries sustained by him in a road traffic accident occurred on 03. 10. 2000. The claimant was examined on 14. 08. 2003. The doctor was also examined in chief on 02. 08. 2004. During the pendancy of the case, the claimant Narayanaswamy died on 19. 10. 2004. The Counsel for the claimant on 18. 08. 2005 filed a memo reporting the death of the claimant and an application was also filed by the present appellants herein under Order 22 Rule 3 to come on record as LRs of the deceased and to contest the case. The claim petition has been dismissed by the Tribunal dated 18. 08. 2005 on the ground that the LRs cannot continue the claim petition after the death of the claimant. Challenging the order dated 18. 08. 2005, the present appeal is filed by the claimants.