HARKIRAT SINGH Vs. INDERJIT KAUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 26.5.1993 of the Motor Accident Claims Tribunal, Jalandhar whereby an application under Order 22 Rule 3 and 4 read with Section 151 of the Code of Civil Procedure moved by the legal representative of Gian Singh, respondents 1 to 8 was allowed and they were ordered to be impleaded as claimants in the claim petition, originally filed by Gian Singh.

(2.) Gian Singh suffered injuries in a motor accident which took place on 30.7.1992. He filed claim petition seeking compensation for the injuries sustained by him, on 22.12.1992. Gian Singh, however, died within a month of the filing of the claim petition i.e. on 11.1.1993. Inderjit Kaur, widow, children and the mother of the deceased moved the abovesaid application which has been allowed by the Claims Tribunal by the impugned order. Hence this revision at the instance of Harkirat Singh, the owner and driver of the offending vehicle.

(3.) After hearing learned counsel for the parties, I am of the opinion that this petition has no merit. Personal claim dies with the death of the claimant but the legal representatives left behind by the deceased are certainly entitled to some compensation on account of loss to the estate of the deceased. A Division Bench of this Court happened to consider this aspect of the matter in Joti Ram and other v. Chaman Lal and Ors., (1984)86 P.L.R. 723 wherein it was held that if the compensation awardable in respect of some of the items can be said to have resulted in the loss of property of the injured person, there is nothing in law or Section 110-A(1) of the Motor Vehicles Act, which prohibits the legal representatives of the deceased to claim compensation, or seek impleadment, if the action has already been initiated by the injured. Thus after the death of the injured, right to sue survives to the legal representatives of the deceased in respect of the claim on account of loss to the estate. In this view of the matter, I see no ground to interfere with the impugned order. The revision petition is consequently dismissed.