SHIWANDO PRABHAKAR Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) This appeal is filed by the heirs of the claimant. The original claimant Vinay Prabhakar had filed the M.A.C.T. Case No. 59 of 1994 before the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal'). The claim petition was filed because of the personal injuries received by him, for the compensation thereof. He died during the pendency of the claim petition. The present appellants gave an application for being impleaded as heirs. The said application was dismissed and claim petition was also dismissed. Hence this appeal is filed by the heirs of the deceased claimant.

(2.) We have heard the learned counsel for the parties.

(3.) Learned counsel for the appellants argued that it cannot be said that the cause of action will not survive after the death of the injured person in the accident. According to him, even if the death of the deceased was not caused because of the injuries, then also the same could survive. Learned counsel for the respondents argued that the cause of action does not survive and that the application and the claim petition are rightly dismissed.