RATAN DEVI Vs. GUJARAT STATE ROAD TRANSPORT

JUDGEMENT

(1.) In the unfortunate accident that occurred on 08.02.1997, the claimant-appellant Ratan Devi, then about 60 years in age, lost to the fatal injuries her son Devendra Jain (36 years), son's wife Pramila (32 years), son's daughter Prerna (9 years), and son's son Jitendra Kumar (12 years); and thus, submitted four separate claim applications. The Tribunal has awarded compensation in the sum of Rs. 85,000/- in Claim Case No. 174/2000 relating to the demise of claimant's son; Rs. 63,000/- in Claim Case No. 173/2000 relating to the demise of claimant's daughter-in-law; and Rs. 55,000/- each in Claim Case Nos. 175/2000 and 176/2000 relating to the demise of her grand children. These four appeals, CMA Nos. 205/2004, 1242/2004, 317/2004 and 206/2004 relating to the respective claim applications have been preferred by the claimant Ratan Devi seeking enhancement over the amount of compensation awarded by the Tribunal; and were earlier admitted for consideration. However, on 25.05.2007, applications have been moved in each of these four appeals pointing out the fact that the sole appellant-claimant Ratan Devi has since expired on 26.07.2006; and while giving out the names of her husband, sons and daughters, the applicant Suresh Kumar Jain, son of the appellant, has stated that for the Will executed by the appellant Ratan Devi, he is entitled to be substituted as appellant in her place. The applicant has also prayed for setting aside of abatement and for condonation of delay in filing the applications.

(2.) Having regard to the circumstances, while hearing on such applications, learned Counsel for the parties have been heard on merits too; and the applications as well as the appeals are taken up for disposal together by this common judgment.

(3.) So far the aspects of condonation of delay in filing the applications, setting aside of abatement and substitution of the legal representative of the deceased appellant are concerned, the respondents have not filed any reply in opposition to the facts stated in the applications about the delay in communication between the counsel and the applicant; and in the circumstances of the case, delay in filing the applications is condoned, abatement is set aside and the applicant is substituted as appellant in place of the deceased appellant Ratan Devi. Interlocutory applications moved in that regard in each of the appeals, thus, stand allowed.