The entitlement of legal representatives to pursue claims for loss of estate of the deceased in motor accident claim petitions, and the need for a liberal interpretation of the provisions of the Act to ensure that legal representatives do not suffer injustice.

JUDGMENT :

Ajai Tyagi, J.

1. This appeal, at the behest of the claimants, challenges the judgment and order dated 16.02.2010 passed by Additional District Judge, Court No.10, Ghaziabad/ Motor Accident Claim Tribunal, Ghaziabad in Motor Accident Claim Petition No. 24 of 2005 awarding compensation of Rs.4,10,924/- alongwith 6% interest.

2. The brief facts of the case are that injured (later on deceased) Pradeep Kumar Bisla filed a Motor Accident Claim Petition No. 24 of 2005 before the Tribunal at Ghaziabad for sustaining injuries in road accident. The injured petitioner Pradeep Kumar Bisla died during the pendency of the claim petition.

3. As per averments in claim petition, the deceased was going to J.P. Nagar from Moradabad on 05.11.2004 at about 07:45 a.m. when he reached at village Nepaniya, a truck bearing no. DL 1GB 2087 came from opposite direction, which was being driven rashly and negligently by its driver and hit the car No. DL 3 CZ 5378, in which the deceased was travelling. In this accident the deceased sustained serious injuries and he was admitted in Primary Health Centre Rajabpur from where he was carried to the hospital in Meerut where he was treated for a long time. On 28.01.2006, the injured died during the treatment.

4. Learned Tribunal found that the accident took place due to the sole negligence of driver of the truck and there was no negligence on the part of the deceased but learned Tribunal awarded compensation under the head of medical expenses and non-pecuniary damages. Tribunal denied from awarding any compensation for death of the deceased holding that it could not be proved by the appellants/claimants that the deceased died as a result of injuries sustained in the aforesaid accident.

5. Heard Sri R.K. Srivastava, learned counsel for the appellant, Sri N.K. Srivastava, learned counsel for the respondent and perused the record.

6. The Insurance Company did not challenge the liability to pay the compensation and no cross appeal is filed by the Insurance Company. The accident is also not in dispute. The major issue in this appeal to be decided is whether appellants are entitled to compensation for death of the deceased also alongwith medical expenses etc.

7. Learned counsel for the appellants submitted that in the accident in question, the deceased sustained serious injuries. Just after the accident he was admitted in Primary Health Centre, Rajabpur and from there he was shifted to Lokpriya Hospital, Meerut for better treatment. It is also submitted that the medical papers of the deceased go to show that the deceased sustained several serious injuries and he remained hospitalized for a long time and ultimately he died on 28.01.2006 which was the result of the severe injuries sustained in the accident. Learned counsel for the appellant submitted that entire medical record was available before the Tribunal but Tribunal did not appreciated the evidence in right perspective. Copy of post-mortem report is also on record and the employee of Lokpriya Hospital, Meerut was also examined.

8. Per contra, learned counsel for the Insurance Company submitted that appellants failed to prove that the deceased died on account of injuries sustained in the accident, hence, the learned Tribunal has denied compensation for death of the deceased.

9. In reply, learned counsel for the appellant also contended that the Tribunal has awarded Rs.5,000/-which is a very meager amount for special diet and Rs.5,000/-for pain, shock and suffering. It is also submitted that learned Tribunal has awarded loss of income only to the extent of two months salary of the deceased, keeping in view of the fact that he remained hospitalized only for two months. Learned counsel next submitted that the deceased was a Government Employee in the Government of Punjab and he was getting salary near about Rs.30,000 per month. Future loss of income of the decea