( 1 ) THE original claimant in MATCOP No. 298 of 1988 before the Motor Accidents Claims Tribunal (Additional district Judge), Cuddalore has filed the appeal before this Court claiming enhanced compensation.

( 2 ) THE Motor Accidents Claims Tribunal (Additional District Judge), Cuddalore has awarded compensation of a sum of Rs. 40,000/- considering the injuries caused to him and also for pain and suffering due to the said injuries. Since the original claimant felt that the amount is very less compared to the injuries caused to him and for pain and suffering which he has undergone, has filed the present appeal. Pending appeal, the original claimant died and hence his wife has been brought on record as legal representative of the deceased original claimant by an order dated 4. 2. 1992 in c. M. P. No. 727 of 1992.

( 3 ) BEFORE deciding whether the present appellant is entitled to the enhanced compensation or not, it has to be decided first whether the legal representative of the deceased claimant is entitled to maintain the present appeal or not.

( 4 ) MS. SARITHA, the learned counsel appearing for the appellant, contended that since the original claimant has already filed the appea

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