1 D.B. CIVIL SPECIAL APPEAL NO.168/2003 (L.R.s of Late Shri Narhari Bhai Vs. Hemant & Ors.) DATE OF ORDER:29.03.2007 HON'BLE MR.JUSTICE RAJESH BALIA HON'BLE MR.JUSTICE BHANWAROO KHAN Mr.B.K.Bhatnagar, for the appellants Mr.Jagdish Vyas, for the respondents BY THE COURT(PER HON'BLE MR.BALIA J.) Heard learned counsel for the parties. An accident took place on 2.10.1990 in which Narhari Bhai since deceased received certain injuries and in respect of those injuries he lodged a claim before the Motor Accident Claims Tribunal. The said Narhari Bhai died on 10th April, 1994. However, no application was moved by his legal representatives for bringing them on record so as to continue the claim petition. The claim petition was dismissed for want of any evidence to be led by claimant. The legal representatives of deceased Narhari Bhai filed an appeal against the award. The said appeal has been dismissed by the learned Single Judge holding that since claimant had died and his legal representatives were not brought on record, the claim petition stood abated and there being no application for setting aside the abatement, hence without an 2 application for bringing them as legal representatives of the deceased at any stage, an appeal by the legal representatives is incompetent. The appeal was dismissed by the learned Single Judge. Order 22 Rule 3 C.P.C. which has been made applicable to the proceedings before Motor Accidents Claims Tribunal vide Rule 10.28 of the Rajasthan Motor Vehicles Rule, 1990. In view thereof the consequence of death of party is that the claim petition abates if legal representatives of deceased claimant are not brought on record and no effective order could have been passed by the Tribunal on an application, which had abated. In these circumstances, no appeal could have also been preferred by the legal representatives against the said rejection of the application on merits. So far as the claim filed by Narhari Bhai is concerned, the proceedings after abatement of the claim were void ab initio and has to be considered nonest. Accordingly, no interference is called for in the order of the learned Single Judge. The appeal is dismissed. (BHANWAROO KHAN) J. (RAJESH BALIA) J. BKS/-