Legal Heirs Entitled to Compensation Despite Death Unrelated to Accident Injuries, Rules Court
Himachal Pradesh High Court Upholds Compensation for Loss of Estate in Motor Accident Case
News Report: In a landmark decision, the Himachal Pradesh High Court has upheld the award of compensation to the legal representatives of Veena Devi, despite her death being unrelated to the injuries sustained in a motor accident. The judgment, delivered by Mr. Vivek Singh Thakur, J., revolves around the interpretation of the Motor Vehicles Act, 1988, specifically Section 166, concerning compensation claims.
The case involved Veena Devi, a Trained Graduate Teacher from Himachal Pradesh, who sustained severe injuries in a road accident on December 31, 2011. Despite the accident rendering her 100% disabled and bedridden, Veena Devi succumbed to cardiac arrest on June 25, 2013, before the claim petition could be resolved.
The insurance company contested the claim, arguing that Veena Devi's death was due to cardiac arrest, unrelated to the accident injuries, and thus compensation for her death should not be awarded. They relied on precedents where claims abated with the death of the injured, citing the legal maxim "action personalis moritur cum persona."
However, the court ruled that while personal injury claims may abate upon the claimant's death, claims for loss to the estate survive and can be pursued by legal representatives. This includes compensation for medical expenses, attendant charges, and other related costs incurred due to the injuries sustained in the accident.
The court's decision aligns with the principles outlined in the Supreme Court judgment in the case of "Kahlon alias Jasmail Singh Kahlon (deceased) through his legal representative," where it was established that claims for loss to the estate can be pursued by legal heirs even if the death is not directly attributable to the accident.
The judgment underscores the interpretation of the Motor Vehicles Act as a social welfare legislation aimed at providing just compensation. It emphasizes the broader definition of "property" under the Act, which includes the estate of the deceased and supports claims for its loss.
The court awarded a total compensation of Rs. 30,14,466/- to Veena Devi's legal heirs, with interest at 6% per annum, modifying the earlier award by the Motor Accident Claims Tribunal. The decision highlights the importance of considering the loss to the estate in such cases, setting a precedent for future claims where injuries lead to substantial financial implications.
The judgment brings clarity to the legal rights of legal representatives in motor accident claims and reinforces the welfare aspect of the Motor Vehicles Act, ensuring that compensation is not limited by procedural technicalities or unrelated causes of death.
Bottom Line:
Motor accident compensation claim - Legal representatives of deceased claimant can pursue claims for loss of estate even if death was not directly attributable to accident injuries.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166
