NEW INDIA ASSURANCE COMPANY LTD. Vs. RAMVATI

JUDGEMENT

(1.) Heard learned counsel for the appellant Sri Amit Manohar and Sri Bharat Pratap Singh learned counsel appearing on behalf of the claimants. This is an appeal by an Insurance company against the award of the Motor Accident claims Tribunal dated 30.5.2007 in M.A.C.P. No. 53 of 2006.

(2.) By the award, the tribunal has awarded a sum of Rs. 1,50,000/- to the claimants of Nahar Singh who met an accident on 11.1.2005. As a result of the accident, Nahar Singh received bodily injuries and had to undergo treatment. He filed his claim. During the pendency of his claim, Nahar Singh who was aged about 60 years died on 25.11.2006. The claim was pursued by his legal representative.

(3.) Learned counsel for the appellant has very strenuously argued that the claim filed by Nahar Singh would abate after his death and his legal representative would not receive anything at all because nothing would survive with his death much less the action under tort.