- (1.) This appeal is directed against the judgment and award dated 10.12.1984 passed by the Motor Accidents Claims Tribunal, Jodhpur.
(2.) The brief facts giving rise to this appeal are that an accident took place on 1.3.1982 at 6.15 p.m. with the truck bearing No. RJR 7224 which was driven in a rash and negligent manner and it struck against one Om Prakash. As a result of this accident Om Parkash received the following injuries : (1) Bruise 1.5 cm. x 1.0 cm. on the rt. upper lid lateral half and adjacent eyebrow. (2) Lacerated wound 6.2 cm. x 6.2 cm. muscle deep on the lateral aspect of rt. Knee joint (3) An abrasion 2.0 cm. x 1.0 cm. anterior lateral aspect of rt. leg at its middle.
(3.) He filed a claim petition before the Tribunal claiming compensation for the aforesaid injuries to the tune of Rs. 75,000/-. While the claim petition was pending, Om Parkash died as a result of heart attack on 19.1.1984. Therefore, an application was made by the legal representatives of deceased Om Prakash before the learned Tribunal that they may be substituted as claimants in the claim petition. That application was rejected by the order of the learned Tribunal dated 10.12.1984 in toto and it was held that since the action was actio personalis moritur cum persona, therefore, the legal representatives of the deceased cannot be substituted as the action for a personal (bodily) injury dies with the death of the person. Aggrieved against this, the present appeal has been filed by the legal representatives of the deceased Om Prakash.;