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.

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 had undergone in-patient treatment at Apollo Spectra Hospital, Chennai from 22.01.2017 to 27.01.2017 for the injuries sustained by him and diagnosed as fracture left femur and fracture right tibia and fibula and the Discharge Summary-Ex.P4 and Medical Bills-Ex.P5 were also marked by her. Though the Tribunal has awarded compensation under the head attender charges during the treatment period, has not awarded any compensation under the head loss of income during the treatment period to the claimant. The claimant was not awarded compensation under the head disability. However, compensation is granted under various heads such as Medical Expenses, Nutrition Expenses, Loss of Transportation and also Attender Charges as stated supra.

6. Aggrieved over the quantum of compensation awarded by the Tribunal, the claimant has filed this appeal, seeking enhancement of compensation.

7. The learned counsel for the appellant submits that though the injured was not died due to the personal injuries sustained by him in the road accident, the legal representatives of the injured is entitled to get compensation under various heads since the legal heirs is entitled to succeed the estate of the injured in this case. He has also relied on the Apex Court Judgment in Oriental Insurance Company Ltd., vs. Kahlon @ Jasmail Sigh Kahlon (deceased) through his Legal Representatives (2021 (2) TNMAC 305 SC).

8. The Hon'ble Apex Court in the Judgment cited supra has considered the scope of awarding compensation for the legal representatives of the injured person, who died during the pendency of the claim petition and approved awarding of granting compensation to the legal representatives, on the ground that the legal representatives are entitled for receiving compensation towards loss of estate of the deceased person. The relevant paragraphs which deals for awarding compensation under the head Loss of Estate reads as follows:

“9.The Act is a beneficial and welfare legislation. Section 166(1)(a) of the Act provides for a statutory claim for compensation arising out of an accident by the person who has sustained the injury. Under Clause (b), compensation is payable to the owner of the property. In case of death, the legal representatives of the deceased can pursue the claim. Property, under the Act, will have a much wider connotation than the conventional definition. If the legal heirs can pursue claims in case of death, we see no reason why the legal representatives cannot pursue claims for loss of property akin to estate of the injured if he is deceased subsequently for reasons other than attributable to the accident or injuries under Clause 1(c) of Section 166. Such a claim would be completely distinct from personal injuries to the claimant and which may not be the cause of death. Such c