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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE K. RAJASEKAR, J
Mohammed Haneef (Since Died) Jeyanthi – Appellant
Versus
R. Thirumal – Respondent
JUDGMENT :
(K. RAJASEKAR, J.)
This Civil Miscellaneous Appeal filed by the second petitioner in the claim petition, who is the legal heir of injured (first claimant) seeking enhancement of compensation awarded in M.C.O.P.No.2467 of 2017, dated 05.09.2022 on the file of the Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.
2. For the sake of convenience, the parties are referred to hereunder according to their litigative status and ranking before the Tribunal.
3. The only point arises for consideration in this appeal is that whether the legal heir of the injured claimant is entitled to get compensation under the head loss of income and also for disability.
4. Before the Tribunal, during pendency of the claim petition, the injured person was referred for Medical Board assessment of his disability and the Medical Board fixed the disability of the injured as 28% non- functional disability. Subsequently, injured was died, not based on the personal injuries sustained in the accident. His wife, the second claimant was impleaded and proceeded with the claim petition, claiming compensation under Section 166 of the Motor Vehicle Act, 1988.
5. According to the claimant, her husband
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.
(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 main legal point established is the entitlement of legal representatives to claim compensation under Section 166 of the Motor Vehicles Act, 1988, irrespective of dependency.
If any party dies during claim proceedings, claim proceedings may get abated so far as death of party is concerned, but right to sue survives for other claimant.
The court established that compensation for injuries in motor vehicle accidents must be just and reasonable, taking into account the actual medical expenses incurred and the functional disability aff....
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
The main legal point established in the judgment is the interpretation and application of Section 166 of the Motor Vehicles Act, 1988, regarding the impleading of legal representatives of the decease....
The court clarified that legal representatives under the Motor Vehicles Act include siblings and others, and emphasized the need for proper assessment of income and future prospects in compensation c....
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