Madhya Pradesh High Court
Virendra Singh vs Ashok Kumar And Ors. on 8 November, 2002
Equivalent citations: 2004ACJ1638
Author: Deepak Verma
Bench: Deepak Verma
JUDGMENT
Deepak Verma and N.K. Jain, JJ.
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 I.A. 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.