ash 1 caf-2424.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2424 OF 2006 IN FIRST APPEAL ST. NO. 10585 OF 2006 Shri Malhari Hari Chavan & Anr. .. Applicants. Vs Shivaji Dnyanu Patil & Anr. .. Respondents -- Shri M.G. Barve for Respondent Nos.1 and 2. -- CORAM ; A.S. OKA, J DATED : 27TH SEPTEMBER, 2011 P.C. . Learned counsel appearing for the Respondents submits that the application is not maintainable. He pointed out that the Appellants- original Claimants had filed a claim on account of injuries sustained by them in a motor accident. His submission is that as the Appellants-Claimants claimed compensation on account of injuries sustained by them, legal representative of the deceased Appellants are not entitled to prosecute the Appeal. 2. Perusal of the Memorandum of Appeal and the impugned Judgment and Award shows that the claim petition was filed by the parents of one Harishchandra who died in the motor accident. The ash 2 caf-2424.06 Claim Petition was dismissed by the impugned Judgment and Order. 3. The Applicant who has made this Application is the daughter of the Appellants-Claimants. It cannot be disputed that the Applicant is a legal representative of the Appellants-Original Claimants. Whether the Applicant can prosecute the Appeal on merits or not is a question to be decided at the time of final hearing of the Appeal. For the purposes of Appeal, the Applicant will have to be brought on record as the legal representative of the deceased Appellants. 4. Hence, the Application is allowed in terms of prayer clauses (b) and (c). Amendment to be carried out within a period of four weeks from today. ( A.S. OKA, J )