1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 4285 of 2007 NEW INDIA ASSURANCE CO. LTD. V/S M.A.C.T., BHILWARA & ORS. Mr. SANJEEV JOHARI, for the appellant / petitioner Date of Order : 23.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner. It is sought to be contended that since the learned Tribunal has abated the claim against the owner, the entire claim should have been abated. In my view, on the face of language of Section 155 of the Motor Vehicles Act, the argument cannot be accepted, inasmuch as the words used “......the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of the Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.” In my view, in view of this specific provision, the argument cannot be accepted. 2 The writ petition has no force, and is, therefore, dismissed. ( N P GUPTA ),J. /sushil/