ORIENTAL INSURANCE CO LTD Vs. MAHESWARI ROY

JUDGEMENT

(1.) This is an appeal filed by the Oriental Insurance Co. Ltd. against the order dated 13/12/1989 passed in M.A.C. Case No. 291 of 1987. By the said order the Motor Accident Claims Tribunal Jalpaiguri allowed the application filed under S. 92A of the Motor Vehicles Act by which the said Tribunal directed the claimant/opposite party to pay a sum of Rs. 7500.00 for the loss of right leg of the victum due to motor accident, inasmuch, as, a question of law has been raised in this appeal. We have decided to dispose of that question of law at the very outset by our order dated 12/08/1981. We have decided to adopt this course of action because of the action that the victim had died and his mother was substituted in place and stead of the deceased victim and if the notice was issued, in that event, the mother of the victim may not be in a position to appear and defend this case, that is why, we appointed A. B. Majumder learned Advocate as Amicus Curiae and we should decide the question first, if necessary issue notice.

(2.) The fact in short is that Mahesh Roy was a labourer attached to Truck No. NIN 3054. On 9/07/1987 when he was on the truck and when it was proceeding along National Highway 31, the driver of the truck was driving the truck recklessly and when he tried to overtake another vehicle near Dim Dima Tea Garden, it dashed against the road side tree and caused an accident. Due to such accident Mahesh Roy received injuries to his right leg and he was removed to Jalpaiguri Sadar Hospital where his leg was amputated. Over the accident a police case was started against the driver of the offending truck. The application under S. 92A of the Motor Vehicles Act was filed by the said Mahesh Roy claiming compensation a sum of Rs. 7500.00 only for the loss of his right leg. But during the pendency of the application Mahesh Roy committed suicide out of frustration after he was discharged from the hospital. Thereafter the court below allowed the mother of the deceased Smt. Maheswari Roy to be substituted in place of the original claimant who died bachelor. The ground was taken before the Tribunal below that the proceeding was abated because of the death of Mahesh Roy and as such mother of the deceased Mahesh Roy was not entitled to receive any compensation claiming to be legal heir of her bachelor son who has committed suicide.

(3.) The Oriental Insurance Co. Ltd. appellant herein filed an application for stay of the operation of the award after preferring an appeal and that the only ground that was placed before us in support of the application for stay of the operation of the award was that Smt. Maheswari Roy widowed mother of Mahesh Roy who was the victim, could be substituted in place and stead of his deceased son Mahesh Roy. The question, therefore is whether after the death of Mahesh Roy on a subsequent death, his legal heir could be substituted and allowed to claim compensation.