[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 362/1995 SMT. SAMPAT BAI & ORS. Vs. S. MANIK & ORS. Date:12/03/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Sandeep Mathur for the claimants-appellants. Mr. P.S. Shukla for the respondents. **** The claimants-appellants have filed the present misc. appeal under Section 173 of the Motor Vehicle Act, 1988 against the impugned order dated 28.10.94 passed by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur (for short 'the Tribunal') in M.A.C. No. 184/94 (441/89), whereby the claim petition of the claimants- appellants has been dismissed by the Tribunal. Brief facts of the case are that the deceased Kailash Chand met with an accident on 24.01.89 and received serious injuries. He filed a claim petition and during pendency of the same, Kailash Chand died. It is alleged that the death of Kailash Chand was on account of serious injuries sustained by him in the accident. Legal representatives of deceased Kailash Chand were made party in the claim petition. It is submitted that on 24.01.89, deceased Kailash Chand along with his mother and other persons was going to Ajmer from [2] Delhi via Jaipur by car bearing No. RSS-3477. Kailash Chand was driving the said car. At about 05.30 a.m. near Village Palu Kalan on Jaipur-Ajmer National Highway, the said car collided with a truck bearing No. TCS-5377 in which Kailash Chand and other persons sitting in the car received serious injuries and during treatment Kailash Chand died. At the time of death deceased Kailash Chand was 25 years of age and was engaged as driver on the emolument of Rs. 900/- per month. In the claim petition filed by deceased Kailash Chand i.e. Claim Petition No. 184/94 (441/89), no issue was framed by the Tribunal. In the aforesaid claim petition, the Tribunal has observed that the claim petition has been filed by deceased Kailash Chand with regard to compensation of the injuries received by him, but during pendency of the claim petition Kailash Chand died. Amended claim petition was filed by the legal representatives of deceased Kailash Chand claiming Rs. 7,64,000/- as compensation. After deciding the issues, it has been observed by the Tribunal that no case of any claim is made out and, therefore, dismissed the claim petition so far as the present appellants is concerned as the claim petition which was filed by the legal representatives of the deceased has not been filed for compensation holding that during pendency of the claim petition which was [3] earlier filed by deceased Kailash Chand seeking compensation for the injuries received by the deceased, but after death of Kailash Chand, his legal representatives have not filed fresh claim petition and only prayed for amending the claim petition and as the claimants have not filed fresh claim petition, therefore, claim of the claimants has been rejected. I have heard rival submissions of the respective parties and carefully gone through the record of the case as also the impugned order dated 28.10.94 passed by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur. As the Tribunal has dismissed the claim petition filed by the appellants on technical grounds not on merit and the Tribunal immediately after moving application on behalf of the legal representatives of deceased Kailash Chand, could have frame the issues to decide the amended claim petition filed by the legal representatives of deceased Kailash Chand but the same has been dismissed only on technical grounds, therefore, in the considered view of the Hon'ble Supreme Court and this Court, the order of rejecting claim petition filed by the appellants vide impugned order dated 28.10.94 by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur so far as Claim Petition No. 184/1994 (441/1989) is concerned, [4] deserves to be quashed and set aside and the same is hereby quashed and set aside and the matter is remanded back to the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur for fresh adjudication on its merit as observed herein above. With these observation, the present misc. appeal stands disposed of. Record be sent back forthwith. (K.S. RATHORE)J. /KKC/