HARKIRAT KAUR Vs. H.R.T.C.

JUDGEMENT

(1.) This appeal is directed against the award of the learned Motor Accident Claims Tribunal -II, Una (hereafter referred to as the tribunal) in MACP No. 59/93 RBR No 41/94, decided on 7.11.1999.

(2.) The appeal was initially filed by claimant Sunder Singh Sandu who unfortunately expired during the pendency of the claim petition. His widow, Harkirat Kaur and sons were permitted to be substituted as the legal heirs. However, the rights of the legal representatives in an appeal filed by the injured -claimants are limited and the appeal has to be decided to that limited extent. The H.R.T.C. has also filed cross objections and the delay in filing the cross objections has been condoned vide separate order of the date. The appeal and the cross objections are both being disposed of by this judgment.

(3.) Before discussing the merits of the case, it would be appropriate to first lay down the principles regarding the rights of the legal representatives in an appeal originally filed by the injured -claimant.