( 1 ) HETHER on the death of injured claimant, claim petition filed by him abates or right to sue survives to his heirs and legal representatives, is the question which arises for consideration in this revision application. Deceased Vinodbhai Mangaldas Patel filed a Claim Petition being M. A. C. P. No. 86 of 1988 before the Motor Accident Claims Tribunal No. 11 (Aux.), ahmedabad under Sec. 110-A of the Motor Vehicles Act, 1939, claiming compensation against the applicant, i. e. , Gujarat State Road Transport Corporation ltd. , and opponent No. 5, i. e. , Shri Laljibhai Keshavbhai Chaudhari, who was driving the offending bus belonging to the applicant. In the said application, vinodbhai Patel claimed compensation of Rs. 15 lakhs on account of personal injuries sustained by him as a result of vehicular accident which took place on 28/12/1987 due to rash and negligent driving of S. T. bus by the opponent No. 5.

( 2 ) DURING the pendency ofe the claim petition, the original claimant Shri vinodbhai expired on 11/11/1989. Thereupon opponents Nos. 1 to 4 herein submitted an application Exh. 14 praying that they be impleaded in the claim proceedings before the Tribunal in