Legal Representatives of Deceased Allowed to Pursue Claim for Loss to Estate and Potential Death Compensation
In a landmark judgment by the Punjab and Haryana High Court, the appeal filed by the legal representatives of Smt. Shashi Bala Bhatia, who passed away during the pendency of her motor accident claim, has been allowed, setting aside the earlier dismissal by the Motor Accident Claims Tribunal, Faridabad. The Tribunal had previously dismissed the claim on the premise that the right to sue for personal injuries did not survive post the claimant’s death.
The incident dates back to January 21, 1997, when Smt. Shashi Bala suffered serious injuries in a road accident involving a Maruti Van. She had initially filed a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for her injuries. Unfortunately, she passed away on September 10, 1998, before the claim could be adjudicated.
The High Court, presided over by Justice Deepak Gupta, emphasized the beneficial and welfare nature of the Motor Vehicles Act, 1988, interpreting its provisions liberally to advance justice. The court highlighted that claims related to the loss to the estate, such as medical expenses and loss of income, survive even after the claimant's death. The legal representatives are entitled to pursue such claims and also establish if the death was attributable to the injuries from the accident.
Furthermore, the court criticized the Tribunal for not affording the legal representatives adequate opportunity to establish the nexus between the accidental injuries and the death. The matter has been remanded to the Tribunal for fresh adjudication, with directions to conclude the proceedings expeditiously within six months. The Tribunal will reassess the claim, evaluating both the potential direct compensation related to the death and the pecuniary losses suffered by the estate.
This judgment underscores the judiciary's commitment to ensuring fair compensation under the Motor Vehicles Act, reinforcing its role as a protective mechanism for accident victims and their families.
Bottom Line:
Claim petition filed under section 166 of the Motor Vehicles Act, 1988 by an injured person does not abate upon their death during the pendency of proceedings. Legal representatives are entitled to pursue claims related to loss to the estate and, if applicable, establish a nexus between the injuries and the death of the deceased claimant.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166, Indian Succession Act, 1925 Section 306
Krishan Bhatia v. Virender Singh, (Punjab And Haryana) : Law Finder Doc id # 2876220
