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1994 Supreme(MP) 397

S.K.CHAWLA, T.S.DOABIA
G. M. ,Madhya Pradesh State Road – Appellant
Versus
Pushpa Devi – Respondent


JUDGMENT

S.K. Chawla, J.

1. An award for Rs. 61,000/- having been passed by Claims Tribunal on account of compensation for bodily injuries suffered in a motor accident, the present appeal has been filed by the owners of the vehicle seeking reduction of compensation. A cross-objection was filed by the claimant-respondent Munna seeking enhancement of compensation to Rs. 1,50,000/-.

2. Claimant-respondent Munna died during the pendency of the present appeal and his legal representatives being his widow and children were brought on record as respondents.

3. It was first canvassed by Mr. R.D. Jain, learned Counsel for the appellants, that with the death of claimant-respondent Munna during the pendency of the present appeal, the claim for compensation for bodily injuries, being cause of action for "personal injuries not causing the death" within the meaning of Section 306 of the Indian Succession Act, did not survive on the death of the injured and hence, the present respondents, being the legal representatives, are not entitled to any compensation. In other words, the award of Rs. 61,000/- deserves to be set aside after the death of claimant-injured. Reliance was placed by Mr. Jain on the d







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