Dinesh Maheshwari, J. - (1.) By way of this writ petition, challenge is given to the order dated 17.05.2006 as passed by the Additional District Judge, Nagaur in Claim Case No. 43/2003 rejecting an application by the legal representatives of the deceased claimant seeking amendment of the claim application in order to claim compensation for death of the victim, the original claimant.
(2.) The relevant background aspects are that on 16.11.2002, the claimant Govind Ram sustained injuries including that on his vertebral column due to a vehicular accident involving the vehicle bearing registration No. RJ-21 C-1371 he was travelling in and a tractor bearing registration No. RJ-13 R-2463 on Phalodi-Nagaur road; and sought compensation against the persons related with the aforesaid tractor involved in the accident. It appears that during the pendency of the claim application, the claimant Govind Ram expired on 24.10.2003; and the present petitioners were substituted as claimants in his place. The petitioners moved an application seeking amendment of the claim application for the purpose of their claiming compensation on account of death of the victim Govind Ram on the allegation that he died due to the injuries sustained in the said accident. The application was put to contention by the respondent insurer essentially on the submissions that the death of the original claimant could only give rise to a new cause of action and it was required of his dependents to file a separate claim application and amendment could not be permitted in this claim application.
(3.) By the impugned order dated 17.05.2006, the learned Judge dealing with the claim application has proceeded to reject the aforesaid application for amendment essentially on the consideration that the petitioners have been substituted as legal representatives of the original claimant and cause of action for their claiming compensation on account of the death of the victim has independently arisen only on the date of death and they could have filed a separate claim application, if death had been the result of the accident in question. The learned Judge said:- ...[VERNACULAR TEXT OMITTED]...;