PIRANIYA Vs. MAKHAN ALIAS MAKHAN LAL KACHHI

JUDGEMENT

(1.) This is an appeal under section 110-D of the Motor Vehicles Act, 1939 (henceforth 'the Act of 1939'), arising out of the order dated 26,7.89, passed by the Motor Accidents Claims Tribunal, in Claim Case No. 19 of 1988.

(2.) It appears that one Jamuna Yadav died in a motor accident on 7.1.1988. Thereupon, his mother Piraniya filed an application under section 110-A of 'the Act of 1939', claiming compensation for the death of Jamuna, from the owner and driver of the vehicle. The claim was valued at Rs. 65,000 (Rs. sixty-five thousand).

(3.) It appears that during the pendency of the claim case, Piraniya also died and, therefore, an application, purporting to be under Order 22, rule 3 of the Code of Civil Procedure, was filed for substituting the name of Ram Sewak, son of Gangadeen Chamar and Ghanshoo Chamar, son of Gajji Chamar. So far as Ghanshoo Chamar was concerned, he is son of Piraniya and so far as Ram Sewak was concerned, he is nephew of Piraniya. No objection appears to have been raised regarding continuance of the claim case, filed by Piraniya, after her death, by Ram Sewak and Ghanshoo Chamar. Despite this fact, the Claims Tribunal dismissed the claim petition filed by Piraniya, for the reason, it held that the aforesaid two persons Ram Sewak and Ghanshoo Chamar could not continue the claim case filed by Piraniya. It was held that after the death of Piraniya, the claim abated.