Sreenivas Harish Kumar, J.

1. Is the legal representative of the injured claimant Hussain Sab entitled to prosecute the appeal after his death during pendency of this appeal? - is the question that needs to be answered. Briefly mentioned, the facts that gave raise to claim petition being lodged and subsequently this appeal are that on 3-8-2008 at about 4.30 p.m. Hussain Sab, a lorry driver was sitting in the cabin of a Truck bearing No. KA-25/7476 while it was being driven by additional driver. As he was rash, negligent and reckless in driving, he lost control over the truck which turned turtle. As a result, Hussain Sab sustained fracture to pubic region, both the hips and interior pubic rams. In connection with this accident, he claimed compensation, and the Motor Accident Claims Tribunal, Sirsi, in MVC No. 92 of 2005 passed an award on 23-9-2008 granting compensation of Rs. 91,000/- with interest 6% per annum from the date of petition.

2. Dissatisfied with this award, Hussain Sab preferred this appeal before this Court on 12-1-2009 seeking enhancement of compensation, and then died on 18-11-2009. His wife, Smt Modin Bee, was permitted to come on record as his legal repres