MADHUBEN MAHESHBHAI PATEL Vs. JOSEPH FRANCIS MEWAN

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 [the MV Act hereinafter] is at the instance of the heir and legal representative of the original claimant and is directed against an award dated 5th September 2007 passed by the Motor Accident Claims Tribunal [Aux], Fast Track Court No.3, Vadodara, in Motor Accident Claim Petition No. 1577 of 1994 by which the Tribunal passed an award of Rs.25,000/ - with interest at the rate of 7.5% per annum from the date of the filing of the claim -petition till the final disbursement.

(2.) AT the very outset, a pure question of law has arisen for consideration as to whether the Tribunal below was justified in passing an award after substituting the heir and legal representative of the deceased claimant who died during the pendency of the claim petition in violation of Section 306 of the Indian Succession Act [the Succession Act, for short hereafter]. This Court has, therefore, at the outset, decided to consider the question as to whether an appeal at the instance of an heir of the original claimant for enhancement is maintainable in a case of physical injury of the original claimant who ultimately died during the pendency of the proceedings for a reason which has no connection with the accident in question.

(3.) THUS , there is no dispute that the death of the original claimant had no connection with the accident in question.