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K. VINOD CHANDRAN, N. V. ANJARIA
Dhannalal Alias Dhanraj (Dead) Thr. LRs. – Appellant
Versus
Nasir Khan – Respondent
| Table of Content |
|---|
| 1. claimant's right to appeal post-death (Para 1 , 2) |
| 2. legal representatives can pursue compensation claims (Para 3 , 5 , 6 , 7) |
| 3. establishing income and compensation calculations (Para 8 , 9 , 10) |
| 4. compensation cannot lead to a windfall (Para 11 , 12) |
| 5. compensation and interest calculations (Para 13 , 14) |
| 6. final verdict and order (Para 15 , 16) |
JUDGMENT :
K. VINOD CHANDRAN, J.
1. The original claimant, the injured in a motor accident, had filed the above appeal, seeking enhancement of compensation as awarded by the Motor Accidents Claims Tribunal1[for short, ‘the Tribunal’] and enhanced by the High Court. The claimant who was rendered 100% disabled, by reason of the accident, unfortunately died during the pendency of this appeal; on 24.04.2024. The legal representatives have substituted themselves in place of the deceased claimant/injured.
2. Heard, Mr. Shail Kumar Dwivedi, learned counsel for the appellants and Mr.Atul Nigam, learned counsel for the respondent insurance company.
3. The learned counsel for the insurance company raised a preliminary objection in continuing the appeal and considering it, by virtue of the substitution of the deceased claimant by his l
Legal representatives can pursue claims for personal injury compensation after the claimant's death, as established by the amended Section 167(5) of the Motor Vehicles Act, 1988.
Injury in motor accident – There is no reason to prohibit legal representatives to pursue claims for loss of property, akin to estate of injured, if injured dies subsequently.
Legal representatives can claim only for pecuniary losses after the death of the injured in motor vehicle accidents.
Legal heirs of an injured claimant can pursue compensation for loss of estate, including loss of income, even after the claimant's death during the claim process.
Legal representatives can claim damages for pecuniary loss after a claimant's death, but not for personal injuries suffered themselves.
(1) In case of death, legal representatives of deceased can pursue claim – Property, under the Act, will have a much wider connotation than conventional definition.(2) In assessing, what has been des....
The court ruled that compensation must reflect the severity of injury and death caused by an accident, emphasizing the importance of medical evidence in determining the appropriate award.
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