Injured subsequent death
Meenakshi Sundaram
(Querist) 23 April 2009
This query is : Resolved
A person suffered grievous injuries filed a claim petition before the Motor Accident claims tribunal, pending trial he was dead.L.R.S claiming compensation. Whether legal heirs are entitled for getting compensation through the claim petition filed by the original injured petitioner.
Y V Vishweshwar Rao
(Expert) 23 April 2009
if the death is due to injuries in Motor accident for which the injred filed OP , the legal heirs can be brought on record in the cae and can further plead that the Injured died due to Accidnet injuries, and died after filign the Op and they are entiteld to claim compensation for death of injured !
with regards !
K.C.Suresh
(Expert) 24 April 2009
Yes the lagal heirs can.
G. ARAVINTHAN
(Expert) 24 April 2009
Legal heirs can get the relief through their impleadment in to the claim petition as claimants.
Meenakshi Sundaram
(Querist) 24 April 2009
Is there any recent judgments regarding the legal heirs are entitled only medical expenses?
navendu kumar
(Expert) 24 April 2009
I think you should make death claim by a separate petition. Otherwise also you can get your name substituted and petition may be amended in view of the changed facts and circumstances.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 24 April 2009
Yes, the LRs can claim the compensation after being impleaded in the claimants.
M. PIRAVI PERUMAL
(Expert) 24 April 2009
LR's has to be file impleading themselves as petitioner and there is no impediment on the Court to grant compensation.
sanjay singh thakur
(Expert) 24 April 2009
Dear Mr. Sundaram
Yes legal heirs or nominee can after substituting their name in the MACT case.
adv. rajeev ( rajoo )
(Expert) 24 April 2009
LRs. are only entittled to claim the compensation only for the accidental injuries. In ur case sir, it is not clear whether injured died because of the accidental injuries. And it is also not clear on how many days he died after the accident.
I have got dissmissed two cases on the same point. Petition was filed by the LRs. claiming compensation for the death of an injured person, I referred one judgement in which it was clear that LRS cannot claim the compensation for the death of an injured person. In another case Dr. was deposed on behalf of theLRs. of the deceased petitioner Dr. was deposed to say that due to the accidental injuries injured person died, but in a cross examination of the Dr. by me didn't give satisfied answers for my questions, as such the case is dismissed. In such cases days are important.
Y V Vishweshwar Rao
(Expert) 28 April 2009
I do Agree with Mr Vadrali !
The facts and merits defer from case to case , it is absolutely requited to prove that the death was due to injuries in the subject Accident and the Lrs have to prove the same to the satisfaction of the Court to allow the claim .
with regards !
