ABHRAJJI SOMAJI THAKOR LEGAL HEIRS & REPRE OF DECD ABHRAJJI Vs. GANIBHAI MAHMADBHAI MANSURI (DELETED)

JUDGEMENT

(1.) This appeal is filed by the claimant Abhrajji Somaji Thakor who sustained injuries in vehicular accident against the judgment and award dated 27.9.2001 passed by the M.A.C.Tribunal (Aux.I), Ahmedabad (Rural) in M.A.C.Petition No.10240 of 1994, whereby the learned Tribunal has awarded Rs.5,28,040/- as compensation from the opponents jointly and severally along with 9% interest per annum from the date of application till realization.

(2.) During the pendency of this appeal, the claimant-appellant Abhrajji expired on 10.11.2002 and therefore Civil Application for bringing his legal heirs on record was filed being Civil Application No.3111 of 2012 which was allowed by this Court (Coram: K.S.Jhaveri,J) vide order dated 26.4.2012. So, the legal heirs of the deceased claimant are there on record as appellants.

(3.) Heard learned advocate Mr.Parmar for the appellants and learned advocate Mr.Thomas for learned advocate Mr.Nanavati for respondent no.3. As per the submission of learned advocate Mr.Thomas, right to sue does not survive as the injured himself got compensation and he expired during the pendency of the appeal and so requested to dismiss the appeal. He placed reliance on the order dated 10.2.2012 passed by this Court (Coram: Bhaskar Bhattacharya, Actg.C.J.) in Civil Application No.1044 of 2012.