LAWS(RAJ)-1995-2-62

NASEEBAN Vs. SURENDRA PAL

Decided On February 13, 1995
NASEEBAN Appellant
V/S
SURENDRA PAL Respondents

JUDGEMENT

(1.) This miscellaneous appeal has been directed against the order dated 13-10-1993, passed by M.A.C.T., Kota, holding that after the death of claimant, his legal representatives cannot be brought on record as the claim does not survive.

(2.) Brief relevant facts of the case are that in a motor accident which took place on 15-7-1989, the claimant Hafiz Abdul received injuries. He filed an application for award of compensation under Section 16 of the Motor Vehicles Act, 1988, (for short the 'Act'), claiming following compensation :-

(3.) During the pendency of the claim petition, the claimant Hafiz Abdul died. His legal heirs i.e. the appellants filed an application for substitution. That application was rejected by the Accident Claims Tribunal by its impugned order on the sole ground that after the death of claimant Hafiz Abdul Mazid the claim does not survive and as such the legal heirs cannot be substituted. This order has been challenged in this appeal.