KRISHAN BHATIA Vs. VIRENDER SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the legal representatives of the original claimant -injured Smt. Shashi Bala Bhatta challenging the award dtd. 20/3/1999 passed by the learned Motor Accident Claims Tribunal, Faridabad, whereby the claim pettion filed under Sec. 166 of the Motor Vehicles Act, 1988 was dismissed on the ground that the right to sue did not survive a7er the death of the claimant.

(2.) The brief facts, necessary for adjudication of the present appeal, are that on 21/1/1997, Smt. Shashi Bala was travelling on a scooter along with her husband, who was driving the vehicle, while she was riding as a pillion passenger. They were proceeding towards Ajronda. When they reached near Sunflag Hospital, a Maruti Van bearing registration No. DDA3225, driven by respondent No.1 in a rash and negligent manner, allegedly came from the opposite direction and collided with the scooter. As a result of the accident, Smt. Shashi Bala sustained serious injuries and was admitted to Sunflag Hospital, where she remained hospitalized till 31/1/1997. Therea7er, also she continued to remain under medical treatment.

(3.) On account of the injuries suffered in the accident, Smt. Shashi Bala filed a claim petition under Sec. 166 of the Motor Vehicles Act on 7/4/1997 seeking compensation. Unfortunately, during the pendency of the said petition, she expired on 10/9/1998. An application was moved for bringing on record her legal representatives, which was allowed by the Tribunal.