NARINDER KAUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment will dispose of L.P.A. No. 8 of 1982 (Narinder Kaur v. State of H.P.) and No. 10 of 1982 (H.R.T.C. v. Narinder Kaur) as they arise out of the same judgment delivered by a learned single Judge of this court in F.A.O. No. 18 of 1976 on May 24,1982. [Reported in 1983 ACJ 34 (HP)].

(2.) ONE Ajit Singh, while travelling on July 4, 1973, in jeep No. DHB 5086 from Totu to Shimla, received serious injuries as a result of accident with truck No. HIM 4126 owned by the State of H.P. The accident occurred near Research Institute and Government of India Press on Cart Road, Shimla. Said Ajit Singh alleging the accident to have occurred due to rash and negligent driving of the driver of the truck filed a petition on January 2, 1974 under Section 110 -A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') before the Motor Accidents Claims Tribunal, Shimla, claiming a sum of Rs. 50,000/ - as compensation on account of pain, shock, disability, loss of earning capacity, treatment expenses and special nourishment etc. A sum of Rs. 1,600/ - was claimed by way of damages caused to the jeep owned by him.

(3.) ON April 5, 1975, an application under Order 22, Rule 3 of the Code of Civil Procedure read with Section 151 of the same Code was moved by the heirs of original claimant, who are now appellants in L.PA No. 8 of 1982 (hereinafter to be called as 'the claimants'), seeking to be brought on record as claimants in place of original claimant. The application was resisted by the respondent Corporation on the ground that the original claimant had laid a claim for personal injuries and as such on his death right to claim compensation could not survive to his heirs. The claimants filed a rejoinder to the said reply pointing out that they were entitled to continue the application in respect of the loss, which had accrued on the receipt of the injuries by the original claimant, including the amount which he had incurred on his treatment and loss of business etc. as also the damage caused to the jeep. During the pendency of the application, on August 25, 1975, an application under Order 6, Rule 17 of the Code of Civil Procedure, along with proposed amended petition, was moved by the claimants seeking amendment of the claim petition by laying an additional claim of Rs. 2,00,000/ - on the ground that the original claimant, who received serious injuries in the accident, died due to such injuries. This application was also resisted by the respondent Corporation by denying that the death of the original claimant was in any manner relatable to the injuries suffered by him in the accident which occurred on July 4, 1973.