Bansi Raut and anr. and Vs. Most. Asha Devi and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant.orders.j. mukhopadhaya, j.1. the petitioners filed an petition under order 1, rule 10 of the code of civil procedure for impleading them as party defendants in the suit in question, which was rejected by the court below.2. when the case was taken up on 16th december, 2005, the following order was passed:-heard in part.plaintiff-1st respondent is granted time to obtain instructions and state whether the issue relating to right and title over the land in question, is required to be determined in the suit for the purposes of granting relief. if one or other issue relating to right and title over the land, in question, requires to be determined then the plaintiff-1st respondent will state as to why the intervenor. who also claimed right title over the land, in question, be not made a party-defendant in the suit.place this case for further hearing under the heading tor

Judgment:
ORDER

S.J. Mukhopadhaya, J.

1. The petitioners filed an petition under Order 1, Rule 10 of the Code of Civil Procedure for impleading them as party defendants in the suit in question, which was rejected by the Court below.

2. When the case was taken up on 16th December, 2005, the following order was passed:-

Heard in part.Plaintiff-1st respondent is granted time to obtain instructions and state whether the issue relating to right and title over the land in question, is required to be determined in the suit for the purposes of granting relief. If one or other issue relating to right and title over the land, in question, requires to be determined then the plaintiff-1st respondent will state as to why the intervenor. who also claimed right title over the land, in question, be not made a party-defendant in the suit.

Place this case for further hearing under the heading TOR