Rajan Roy, J.—By means of this writ petition, a challenge has been made to the order dated 30.8.2007 passed by the Motor Accident Claims Tribunal in Radhey Shyam Sharma v. Mohd. Kasim and Ors., M.A.C.P. No. 195 of 2005 whereby the application for condonation of delay have been rejected on the ground that the claim petition having been filed by the claimant on the basis of a personal injury, the same stood abated on his death and the right to sue did not survive in favour of legal heirs/representatives.

2. The facts of the case in brief are as under:

On 9.2.2005, an accident took place in which late Radhey Shyam Sharma sustained injuries. Based on these injuries, Sri Sharma filed the above mentioned claim petition seeking compensation to the tune of Rs.16,50,000 under various heads plus 18 per cent interest per annum thereon, Sri Sharma subsequently met with another accident and consequent thereto died on 9.6.2005. It is not in dispute that the death of Sri Sharma was not on account of the injuries sustained by him in the first accident, which took place on 9.2.2005.In the above mentioned claim petition, a written statement was filed by the Insurance Company on 24.11.2005, int