...the Officer concerned has collected the said information from Sri Sunil Y.M, who is the son of claimant. He has also furnished the death certificate along with Aadhar card. 4.... Learned counsel for appellant submits that in view of the death of the claimant, the appeal does not survive for consideration. 5. Perused the report with care and noted the...contents. It is noted that the claimant died on 15-09-2015. 6. In view of the death of claimant, the appeal stands abated. Sd/- JUDGE Rsk/- CT-HR ...

...1. This miscellaneous appeal has been directed against the order dated 13-10-1993, passed by M.A.C.T., Kota, holding that after the death of claimant, his legal representatives cannot be...substitution. That application was rejected by the Accident Claims Tribunal by its impugned order on the sole ground that after the death of claimant Hafiz Abdul Mazid the claim does not survive and...dies with the death of the claimant. In support of his arguments, he placed reliance on the judgments passed in Calcutta Insurance Ltd. v...

...27.12.2010 much after passing of the award. The contention of the appellant 4that claim regarding compensation to personal injuries would not survive on the death of the claimant, is liable to be rejected...for the reason that in the case on hand claimant died much after the award and determination of compensation. Death of claimant is not during the pendency of the claim petition. The claimants in...The appellants/legal representatives of claimant- deceased Ravindra in MVC No.811/2008 on the file of MACT-XII, Bijapur are before this Court seeking modification of the judgment and...

.... The appellant has already submitted the amended cause title indicating the death of claimant Malaram.5. Since Malaram had died and his wife Smt. Narbada Devi is already on record...death certificate of deceased Malaram.2. In the affidavit at Para No. 4 it has been clearly mentioned that Smt. Narbada Devi W/o Late Sh. Malaram is already on record and other...children of Late Malaram are major and living separately and they neither claimed nor entitled for any compensation on account of death of Hansraj.3. From perusal of the award dated...

...-Personal action dies with death of claimant -Right ot sue, not actionable claim-Claim for unliquidated damages for tortuous liability, mere right to sue, cannot be transferred...-226010 Complaint Case No. CC/45/2019 ( Date of Filing : 14 Feb 2019 ) 1. Om Prakash Lohia S/O Late Sita Ram Lohia R/O House...No. 72 (New No. 82) Vasudsev Bara Bazar Jhansi (Husband Of Deceased Smt. Radha Lohia) ...........Complainant(s) Versus 1. Dr. R.R. Singh MD (Medicine) C/O Raghuvendra...

...31.08.2015 reporting death of claimant. He has also produced copy of death certificate along with memo. Learned counsel further submits that as per date of death mentioned in ...bringing legal representatives (LRs) of deceased respondent No.1. 2. This is an appeal by insurer challenging award on liability. Respondent No.1 was claimant who had obtained impugned...to any compensation. 4. As per above submission, claimant died prior to award. Therefore, it is not necessary for appellant to bring legal representatives of deceased respondent...

...31.08.2015 reporting death of claimant. He has also produced copy of death certificate along with memo. Learned counsel further submits that as per date of death mentioned in ...bringing legal representatives (LRs) of deceased respondent No.1. 2. This is an appeal by insurer challenging award on liability. Respondent No.1 was claimant who had obtained impugned...to any compensation. 4. As per above submission, claimant died prior to award. Therefore, it is not necessary for appellant to bring legal representatives of deceased respondent...

...died on account of the injury sustained by him in the accident. The insurance company has taken up a contention that there had been no nexus between the death of the original claimant and the injury...petition when the death of the claimant during the pending of the claim petition?.5. It is not in dispute that the original claimant Hanamanth died during the pendency of the claim ..., the tribunal has righly recorded a finding that there had been no nexus between the injuries and the death of the injured claimant.6. The learned counsel for the appellants-claimants...

...urged before us that the Claim Petition was liable to be dismissed on account of the death of the original Claimant since the cause of action does not survive on account of his death. Ins...section 306 of the Indian Succession Act.9. The question which is required to be determined in this Writ Petition is whether on the death of the Claimant during the pendenc...the Claim Petition filed on account of injuries suffered by the Claimant, the cause of action would survive on the death of the claimant for the purpose of prosecuting the Claim Petition ...

...appeared on behalf of claimant in the Reference Court was also died, prior to the death of claimant Late Shyamrao. Therefore, his legal representatives were not brought on record... died on 14.05.2012. The fact of his death was not informed to the Reference Court or the Advocate of claimant, who was representing the claimant. I...claimant. Therefore, his legal representatives were not brought on record. 9. As per Rule 10A of Order XXII of the Code of Civil Procedure, the death of...

.... 3. To ascertain the fact as to whether death of respondent No. 1 was after the arguments were heard by learned Tribunal in the reference petition or not, this Court perused the record ...award has been announced by learned Tribunal in ignorance of the factum of death of one of the party before it, i.e. claimant No. 1. 4. Hon'ble Supreme Court ...nullity. Therefore, as the award in issue passed by learned Tribunal also is a nullity as it was pronounced by ignoring the factum of death of one of the parties before it, i.e. claimant No. 1...

.... 5. When the matter was posted for claimant's evidence, death of claimant on 20.05.2006 was reported. Thereafter his legal representatives namely wife, three minor children and parents...deceased were noted as simple in nature in wound certificate marked as Ex.P5. Claimant was discharged within one day. Long thereafter, claimant died on 20.05.2006. The cause of death is not established as due to in...hospital for further treatment. Referring to said evidence, learned counsel submitted that there was no nexus between death of Maltesh six months after the accident and injuries sustained in the accident. On above grounds, it was su...

...whether in case of claim for compensation for personal injuries and towards expenses etc., on death of claimant, the claim-petition abates. The question was answered observing that whether the injured...that claim for permanent injury would abate on the death of original claimant. A Full Bench of Madhya Pradesh High Court on a reference in the case of Bhagwati Bai v. Bablu3 held as under...claim awarded for permanent injury filed under Section 173 of the Motor Vehicles Act, would also abate on the death of claimant and would not survive to his legal representatives. Even otherwise, on...

...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..., 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 ...Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty Nair. 1986 ACJ 440 (SC), was applied. 6. It is, therefore, wrong to say that after the ...

...the parents and brothers of the deceased. Deceased was aged about 14 years at the time of accident. However, the Tribunal has globally awarded Rs. 2,50,000/- by way of compensation towards the death of ....3. Claimant in M.V.C No. 410/2011 had suffered segmental comminuted fracture of right leg and fracture to left clavicle bone. He was treated as inpatient for 14 days. Doctor has stated that...percentage of disability should have been taken. Taking 15% disability with income of Rs. 4,000/- per month, claimant is entitled for Rs. 1,29,600/- (Rs. 600/- × 12 × 18) towards loss of future income...

...employment of employee under Respondent No.2 which accident has occurred during the course of employment?
Any other substantial question of law due to death of claimant is permitted to urged at ...dismissing of the Appeal in Death cases?
Whether before the Principal Senior Civil Judge and Commissioner under employees compensation Act, Belagavi is justified in dismissing without considering the...Nos.1 and 2 and Sri R. Ravidra Naik, learned High Court Government Pleader for respondent No.3. 2. This appeal is filed by the claimants questioning the validity of the judgment and...

...Act would also abate on the death of claimant and would not survive to his legal representatives. In the facts of the case, parties are directed to bear their own costs....of original claimant. Full Bench of this Court on a reference in the case of Bhagwati Bai v. Bablu 2007 ACJ 682 has held...:“Thus, in a case of personal injury not resulted in death the legal representative of such person who was injured and who died subsequently not on account of accident but for some other reason canno...

...in this appeal. Learned counsel for the appellant has given a statement before this Forum that after the death of claimant-appellant-Vijay Kumar, his LRs were already brought on the...-Oriental Ins. Co. Ltd. ** As agreed, as per statement of the representatives of the Insurance Company and counsel for the appellant, (separately recorded today), a sum of Rs.4,25,000.../- (Rupees Four Lakh Twenty Five Thousand only) more, over and above, the amount awarded by the Tribunal is allowed to the appellant, in full and final settlement of the claim...

....2. The award has been impugned by the appellant-insurance company on the grounds that after the death of the original claimant/petitioner, the respondent Nos. 1-6 had no right to prosecute the...institution of petition to the respondent Nos. 1 to 6. The Ld. Tribunal held that the respondent Nos. 1-6 have not been able to prove the cause of death of claimant because of injuries suffered du...accident but nonetheless the Tribunal awarded compensation on account of loss to the estate.7. The issue is no more res-integra that the death of original complainant would not result in abateme...

...proceedings. It is submitted that on 12.09.2014, the death of the mother who is claimant No.1 was reported to the Tribunal and also an application came to be filed, under Order-VI, Rule-17 of C.P.C., for...under Section-152 of CPC has observed that on account of death of the claimant no.1, the claim petition so far as it relates to the claimant no.1, in respect of Jalaja stands abated and t...this Court: i) Whether, under the facts and circumstances of the case involved because of the death of one of the claimant in the claim proceedings, even though the...