KALA BAI KAUSHIK Vs. KALJEET SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant/claimants against the order dated 3.12.2003 passed by the First Additional Motor Accident Claims Tribunal, Bilaspur (in short "the Tribunal") whereby application of legal heirs of the deceased for substitution has been rejected and consequently, the claim case has also been dismissed as not maintainable on account of death of the injured claimant. Brief facts of the case, as per averments made in the claim petition, are that on 9.7.2002 at about 5.40 pm Manharan Lal Kaushik, after completing his duties, was returning to his Village - Navapara by Mahendra Bus No. CG 10 ZA 0235. However, the driver of the said bus by driving in a rash and negligent manner, dashed it against the tree, as a result of which 40-50 persons sitting in the bus, including Manharanlal, sustained grievous injuries on various parts of his body, his left leg was fractured and he became permanently disabled. All the injuries sustained by him were grievous and permanent in nature. The injured/claimant had to incur Rs. 1,50,000/- on his medical treatment. Therefore, he filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act, 1988") for a total compensation of Rs. 8,28,000/- under various heads. However, during pendency of the claim case, on 27.4.2003 injured claimant Manharanlal died.

(2.) After the death of original claimant Manharanlal, the legal heir/ representative of the deceased preferred an application for substitution. However, by the impugned order, the said application has been rejected by the Tribunal on the ground that in the case of injured claimant, the right to sue does not survive to the legal heirs of the injured claimant after his death.

(3.) We have heard learned counsel for the parties, perused the material on record, including the impugned order.