Back
2002 Supreme(MP) 1051
High Court Of Madhya Pradesh
DEEPAK VERMA,n. K. JAIN
VIRENDRA SINGH - Appellant
Versus
ASHOK KUMAR - Respondents
M. A. 349 Of 2001
Decided On : 11/08/2002
AJAY BAGDIYA, S.S.SWAMI, S.V.DANDVATE
Legal representatives entitled to compensation already awarded but not entitled to seek enhancement of the award.
Headnote:
Compensation - Legal Representatives - Entitlement to Prosecute Appeal for Enhancement of Compensation
Fact of the Case:
The deceased appellant had filed an appeal for enhancement of the compensation awarded by the Tribunal for permanent disability suffered in a motor accident. The legal representatives of the deceased sought to prosecute the appeal for enhancement of compensation.
Finding of the Court:
The court held that the legal representatives of the deceased appellant are entitled to the amount of compensation already awarded by the Tribunal but are not entitled to prosecute an appeal filed by the deceased for enhancement of the compensation.
Issues: Entitlement of legal representatives to prosecute appeal for enhancement of compensation.
Ratio Decidendi: The court relied on previous decisions and held that the legal representatives are entitled to the amount of compensation already awarded but not to seek any enhancement of the award.
Final Decision: The court disposed of the applications and the appeal, directing the recovery of the amount already awarded by the legal representatives but abating the appeal for enhancement of compensation. No costs were awarded for the appeal.
( 1 ) MR. AJAY Bagdiya, the learned counsel for the legal representatives of the deceased appellant Virendra Singh; Mr. S. S. Swami, learned counsel for respondent No. 3 and mr. S. V. Dandvate, learned counsel for respondent No. 5. None appears for other respondents.
( 2 ) HEARD on LA. No. 2459 of 2002 and m (C)P No. 2222 of 2002 made by the legal representatives of the deceased appellant for their substitution and condonation of delay.
( 3 ) THIS appeal under section 173 of the motor Vehicles Act, 1988 was filed by the deceased Virendra Singh for enhancement of the amount of compensation awarded by the Tribunal below. The Tribunal below has awarded Rs. 7,47,630 for the permanent disability suffered by the deceased in a motor accident. The question now involved is whether the legal representatives of the deceased appellant can prosecute this appeal, which is for enhancement of the amount of compensation. The question has to be answered in the negative.
( 4 ) THIS court in Ghisalal v. Nihalsingh, 1992 ACJ 181 (MP) and then in In re: jamsingh, Misc. Appeal No. 444 of 1992; decided on 24. 2. 2001, following a Apex court decision in Melepurath Sankunni ezhuthassan v. Thekittil Geopalankutty nair, 1986 ACJ 440 (SC), has held that although the legal representatives of the deceased appellant are entitled to the amount of compensation already awarded by the Tribunal, are however not entitled to prosecute an appeal filed by the deceased injured for enhancement of the amount of compensation. It is held that the amount already awarded formed part of the estate of the deceased and as such, the legal representatives of the deceased are entitled to receive the same. But they are certainly not entitled to seek any enhancement of the amount of the award.
( 5 ) ACCORDINGLY we dispose of the aforesaid applications also this appeal with the direction that the amount already awarded may be recovered (if already not paid) by the legal representatives of the deceased appellant but no cause of action survives to them for prosecuting this appeal, which stands abated. There shall be no orders as to the costs of this appeal. Orders accordingly.
.
