MANDARI REWA Vs. JAGABANDHU GHADEI

JUDGEMENT

(1.) LEGAL representatives of the injured claimant are the appellants in this appeal purporting to be under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act').

(2.) AS a result of an accident caused by the truck bearing registration No. ORU 9233 on the Express High Way near Badapal on 6 -8 -1979 at 8 a.m., the claimant sustained fracture of the left leg, left elbow and injuries on other parts of the body. He was admitted as an indoor patient in the Government Hospital at Kendrapara and was transferred to S.G.B. Medical College Hospital on the next day. On that account, he claimed compensation of Rs. 30,000/ -. After the case was made ready for hearing, an application was filed by the learned Counsel for the claimant that the petitioner died on 11 -5 -1982 for which substitution was necessary. The Tribunal posted the case to 3 -6 -1982 for taking steps for substitution. No step for substitution, however, was taken and the case was adjourned from day to day till 20th October, 1982, when the following order was passed. It is reported by the Advocate for the petitioner that the petitioner died. This is a case claiming compensation for sustaining injuries in a motor accident. Right to compensation no more exists after the death of the deceased. The learned Advocate for the petitioner files a petition for time to show that the right subsists to the L.Rs. even after the death of the petitioner. Put up on 9 -11 -82 for citation of the decision by the Advocate for the petitioner.

(3.) THE order does not reflect the correct position. The petition filed was not for substitution. Along with the fresh application under Section 110 -A claiming Rs. 50,000/ - compensation, this petition was filed to accept the application for the claim where it was stated that the claim application of the injured may be treated as a part of the claim application. The relevant portion of the petition reads as follows: 1. That the husband of the petitioner sustained serious injuries on his body and was undergoing treatment till the date of his death. 2. That the husband of the petitioner filed the claim application for compensation for his injuries and during his treatment he died due to his injuries sustained in the motor accident. 3. That due to the death of the deceased the petitioners are entitled to get the compensation for the death of Dharanighara Jena and file the application for claim by way of amendment. 4. That the claim application filed by the petitioners may be a part of the claim application filed by the deceased. Prayer The petitioners pray this Hon'ble Court to be pleased to accept the application for claim, And for this act of kindness, the petitioner as in duty bound shall ever pray.