( 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 appeal and before the appeal could be entertained, he died and hence, the legal representative, namely, the wife of the deceased original claimant is entitled to maintain the appeal. The learned counsel for the appellant has cited the decision reported in AIR 1996 M. P. 184 (CHANDRAKANT SONI v. MUKESH SAHU)wherein it has been held as follows:-

"thus, summing up all, it will have to be concluded that in controversies arising out of award passed by Motor Accident Claims tribunal, the right to sue is available to l. Rs. of the deceased claimant. The present matter is revolving around yet another different point and that is whether such L. Rs. have the right to claim enhancement of compensation by contesting the appeal further after the death of the original claimant. Shri Dandvate has argued that right to get enhanced compensation is a personal right available to such claimant only and it dies along with death of the claimant. Shri patwa submitted that when such right was available to L. Rs. , right to have enhanced compensation should be also available to them. In logical corollary it will have to be concluded that when right to get compensation is available to L. Rs. by prosecuting further the claim or the appeal, right to get enhanced compensation should also be available to them. Thus, in view of the discussion above, I come to the conclusion that the appeal does not abate and the L. Rs. of the deceased appellant are entitled to get themselves on record and pursue with this appeal. "

( 5 ) YET another decision cited by the learned counsel for the appellant is reported in AIR 1994 A. P. 6 (NURANI JAMAL v. NARAM SRINIVASA RAO) wherein it has been held as follows:-

"therefore, I have no hesitation to hold that in all cases cause of action survives where there is loss to the estate of the plaintiff. "

( 6 ) PER contra, the learned counsel appearing for the second respondent, which has been adopted by the learned counsel for the first respondent, submitted that on the death of the original claimant, who has filed the appeal, the legal representative cannot maintain the appeal. The learned counsel has drawn my attention to the decision reported in 1992 A. C. J. 181 (M. P.) (GHISALAL v. NIHALSINGH) wherein it has been held as follows:-

"it is thus clear that it may not be permissible for the legal representatives of the deceased claimant who died during the pendency of the appeal, to prosecute the appeal for enhancement of compensation in respect of injuries sustained by the deceased claimant against the respondents, as is the case here, but the legal representatives of the deceased claimant are certainly entitled to the award of compensation already made by the Tribunal in favour of the claimant before his death and to prosecute this appeal for fixing the liabil

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