S.MOHAN, MURALIDHARA RAO, N.VENKATACHALA
KANNAMMA – Appellant
Versus
DEPUTY GENERAL MANAGER, K. S. R. T. C. – Respondent
( 1 ) THE question, which has arisen for decision by this full bench on a reference by a division bench, is the following:"whether, in a claim petition presented under Section 110-a of the Motor Vehicles Act, 1939, claiming compensation for peronal injury resulting from a motor accident as also compensation towards expenses incurred and towards loss of income etc. , if the claimant dies during the pendency of the petition, his legal representative can come on record and continue the proceedings?"
( 2 ) CIRCUMSTANCES, which led the division bench to refer the aforesaid question for decision by the full bench, need mention at the outset for a proper understanding of the question and a decision thereon. Out of the use of a passenger bus belonging to the Karnataka state road transport corporation ("the ksrtc") on siddaiah road, wilson gardens, Bangalore city, an accident occurred on 25-4-1983. One muniswamy, a pedestrian, who was involved in that accident, sustained personal (bodily) injuries and got hospitalised for treatment of those injuries. While he was still in the hospital, an application was made by him on 20-6-1983 before the motor accidents claims tribunal, Ba
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