MADHUBEN MAHESHBHAI PATEL Vs. JOSEPH FRANCIS MEWAN

JUDGEMENT

(1.) Pursuant to the order passed by the learned Single Judge, Honble the Chief Justice Bhaskar Bhattacharya vide CAV Judgement and order dated 18/11/2013 following question is referred to the Division Benchfor its consideration : Whether the view taken by the learned Single Judges of this Court in the decisions referred to above as well as decision of the Division Bench in the case of Surpal Singh L. Gohil v. R. M. Savalia (supra), lay down the correct proposition of law regarding applicability of Section 306 of the Succession Act to a claim -application under Section 166 of the MV Act where the claim for compensation is filed for the personal injuries caused to the claimant and during the pendency of the petition, he died a natural death.

(2.) Facts leading to the present First Appeal and leading to the reference to the Division Bench to consider the aforesaid question, in nutshell, are as under :

(3.) Mr. Hiren Modi, learned Advocate appearing on behalf of theappellant - heir of the original claimant, Mr. Mehul Sharad Shah and Mr. M.T.M. Hakim, learned Advocates have made submissions in favour of the maintainability of the appeal and in support of their submission that in view of the decision of the Division Bench of this Court in the case of Surpal Singh Ladhubha Gohil (supra), on the death of original claimant - injured during the pendency of the appeal, heir can be permitted to be substituted in place of the original claimant - injured and they can be permitted to prosecute/proceed further with the claim petition regarding loss to the property/estate. On the other hand, Mr. Rituraj Meena, learned Advocate has appeared on behalf of the Insurance Company. He has submitted that in view of Section 306 of the Indian Succession Act, on the death of the original claimant - injured, such proceeding shall abate and there is no provision for substitution of the heir of the original claimant - injured and on the death of the original claimant - injured during the pendency of the claim petition, heir cannot be permitted to proceed further with the claim petition.