Kashi Ram vs State of Haryana and Others

J.V. Gupta, C.J.—Kashi Ram, now deceased, filed a claim petition u/s 110-A of the Motor Vehicles Act, on account of the injuries suffered by him in accident which had taken place on March 23, 1988. During the pendency of the claim petition, he died. An application was filed on behalf of his sons and daughters claiming themselves to be the legal representatives of the deceased. The said application was opposed by the respondent on the ground that such an application was not maintainable. The learned Tribunal came to the conclusion:

In the present case, where there is no allegation of loss to the estate of Kashi Ram, the right to sue does not survive.

The application is not maintainable.

Consequently, the claim petition of Kashi Ram was dismissed as it could not proceed further.

The learned counsel for the petitioner submitted that since there was a loss to the estate of Kashi Ram, deceased, his sons and daughters were entitled to be brought on the record, as his legal representatives. In support of the contention, the learned counsel relied upon Joti Ram v. Chaman Lal 1984 ACJ 645 (P&H).

After hearing the learned counsel for the parties, I do not find any merit in this contention.

It could not be successfully argued that there is any allegation in the petition that there was any loss to the estate of Kashi Ram, deceased. In the absence of any such allegation, the petitioners could not claim themselves to be brought on the record as his legal representatives as the claim petition was filed on account of the injuries suffered by the deceased Kashi Ram.

Consequently, this revision petition fails and is dismissed with no order as to costs.