RAMESHWARI PALIYA Vs. RAAJESH KUMAR JAISWAL

JUDGEMENT

(1.) This is an appeal against the order dated 14.7.1994 passed by Additional Motor Accidents Claims Tribunal, Sohagpur (henceforth 'the Claims Tribunal') in Motor Accident Claim Case No. 6 of 1987. The Claims Tribunal has dismissed the claim case filed on behalf of deceased Rajendra Paliya on the ground that the claim case automatically abated after expiry of 90 days of the death of Rajendra Paliya. The Claims Tribunal, by the impugned order, dismissed the application under Order 22, rule 3 of the Code of Civil Procedure as well as an application under section 5 of Limitation Act (which should have been filed under Order 22, rule 9 of the Code of Civil Procedure). It was held that there is no question of substitution of legal representatives of deceased Rajendra Paliya on record as cause of action does not survive to legal representatives of the deceased. This appeal is preferred by the legal representatives of deceased Rajendra Paliya, under Order 43, rule 1 (k) of the Code of Civil Procedure.

(2.) It appears that Rajendra Paliya had made a claim for compensation against the respondents on the ground that he suffered injuries on 11.4.1985 because of rash and negligent driving of two trucks mentioned in the application.

(3.) A preliminary objection was raised on behalf of the respondents that no misc. appeal lies under Order 43, rule 1 (k) of the Code of Civil Procedure.