SAROJ SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition, a challenge has been made to the order dated 30.08.2007 passed by the Motor Accident Claims Tribunal in M.A.C.P. No.195 of 2005, Radhey Shyam Sharma Vs. Mohd. Kasim and others, whereby the application for substitution filed by the petitioner herein along with the application for condonation of delay have been rejected on the ground that the claim petition having been filed by the claimant on the basis of a personal injury, the same stood abated on his death and the right to sue did not survive in favour of legal heirs/ representatives.

(2.) The facts of the case in brief are as under:

(3.) The learned counsel for the petitioner contends that the petitioner being legal heir/ wife of late Radhey Shyam Sharma and the claim petition having been filed by Sri Sharma during his lifetime, she was entitled to be substituted at his place as the right to sue survived in her favour. The learned Tribunal erred on facts and in law in rejecting the application for substitution as having been abated and also as being barred by limitation.