S.P.GOYAL, J.

1. On Jan. 10,1976 at about 6.30 A.M. Kaviraj Ram Singh while he was going on a bicycle from his clinic to the Yoga Centre in Yamuna Nagar, was knocked down near the Railway Station by truck No. HRA 5129 driven by Gurvender Singh, respondent No. 2, and thereby received serious bodily injuries. He filed a claim on July 16, 1976 for Rs. 50,000.00 on various counts detailed below :-

1. Rs. 1,000/- on account of medical bills;

2. Rs. 2,000/- incurred on special diet during illness.

3. Rs. 3,000/- on account of the additional expenditure

likely to be incurred to regain health.

4. Rs. 12,000/- on account of loss of earnings.

5. Rs. 3,000/- on account of loss to his sons and daughters

because of their dependance upon him.

6. Rs. 29,000/- for pain and sufferings.

2 Unfortunately during the trial, he died on Sept. 10, 1978 and his three sons and two daughters applied on Nov. 15, 1978 for being impleaded as claimants. This application was opposed and it was averred that the cause of action being personal to the deceased did not survive after his death. This plea was upheld by the Tribunal relying on a Single Bench decision of this Court in Calcutta Insurance Ltd. V/