Premlal Sahu vs Sampat Singh
2023 Latest Caselaw 15214 MP

                                                                   1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                               ON THE 14 th OF SEPTEMBER, 2023
                                                   MISC. APPEAL No. 356 of 2016

                           BETWEEN:-
                           PREMLAL SAHU S/O BIHARI LAL SAHU, AGED ABOUT 48
                           YEARS, VILLAGE PONDI, THANA AND TEHSIL MAIHAR
                           DISTRICT SATNA (MADHYA PRADESH)

                                                                                      .....APPELLANT
                           (BY SHRI VIKAS MISHRA - ADVOCATE)

                           AND
                           1.    SAMPAT SINGH S/O SHRI C.L. SINGH, AGED
                                 ABOUT 36 YEARS, VILLAGE NARAURA TEHSIL
                                 MAIHAR (MADHYA PRADESH)

                           2.    LAXMAN SINGH S/O SHRI R.S SINGH, AGED
                                 ABOUT   43  YEARS, OCCUPATION: BUSINESS
                                 VILLAGE KUBRI HARDASPUR THANA AND TEH.
                                 MAIHAR (MADHYA PRADESH)

                           3.    BRANCH    MANAGER    I.C.I.C.I. LOMBARD
                                 GENERAL INSURANCE CO.LTD. INFRONT OF
                                 PRATAP HOTEL REWA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI K.P.SINGH - ADVOCATE FOR RESPONDENT NOS. 1 AND 2.)
                           (BY SHRI ADITYA NARAYAN SHARMA - ADVOCATE FOR RESPONDENT
                           NO.3/INSURANCE COMPANY)

                                  This appeal coming on for admission this day, th e court passed the
                           following:
                                                                   ORDER

1. Though this matter was listed admission but, with the consent of parties, the matter is heard finally.

2. The Claims Tribunal at Maihar District Satna in CT No. 3746/11 Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 15-09-2023 19:01:40

(Durgelal Sahu minor through guardian Premlal Sahu Vs. Sampat Singh and Ors) vide judgment dated 28-11-2015 was dismissed by the learned Tribunal on the ground that applicant Durgelal Sahu through guardian has filed claim petition but, on the death of the deceased on 17-08-2015 Durgelal Sahu application under Order 22 Rule 3 CPC dated 10-09-2015 was filed. It was averred that Durgelal Sahu died on 17-08-2015 at Dadar Nagar Haveli, Gujrat therefore in claim filed under Section 166 of Motor Vehicles Act,1988 for personal injuries legal heirs may be impleaded as per application but, the learned Tribunal has observed in order dated 28-11-2015 that claim petition has abated on the death of Durgelal Sahu. No one can be impleaded on account of

judgment in the case of Rameshwari Palia and Ors. Vs. Rajesh Kumar Jaiswal and Ors. 2001 (3) TAC 504 ( M.P). Therefore, legal heirs cannot be impleaded as learned Claims Tribunal has dismissed the suit as abated.

3. The Insurance Company has referred to the judgment of Hon'ble Full Bench of this Court in Bhagwati Bai and another Vs. Bablu @ Mukund and others 2006 (4) MPLJ 579, in which it has been held in paragraphs- 10 to 15 that under Motor Vehicles Act, 1988, Section 166(1), Succession Act ( 39 of 1925), Section 306 and legal representatives suits Act ( 12 of 1855) Section 1- When a claim for personal injury is filed by the claimant, the petition for compensation for personal injury would abate on his death but, legal representatives of the deceased claimants can claim for pecuniary loss to the estate of the claimant.

4. Accordingly, this appeal is allowed and order of the Tribunal dated 28-11-2015 is set aside. It is directed to the learned Tribunal to proceed with the claim petition as per law and decide the matter.

5. Parties are directed to remain present before the concerned Tribunal Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 15-09-2023 19:01:40

o n 16-10-2023. Let a copy of this order along with record be sent to the concerned Tribunal.

(AVANINDRA KUMAR SINGH) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 15-09-2023 19:01:40