SC States That Death Of Injured Claimant Does Not Abate It In Claim Petition

CASE BACKGROUNDS

• In this case, the first petitioner, who was seriously harmed in a car accident on 02.05.1999, recorded a case for claim under Section 166(1)(A) of the Motor Vehicles Act, 1988.
• The Motor Accidents Claims Tribunal granted him an amount of Rs.1,00,000/­ just with 9% premium (also called as interest).
• Disappointed, the first petitioner filed an appeal under the High Court and the pendency of the appeal passed on.

CASE PROCCEDINGS

• The demise was not a result of the wounds experienced in the accident.
• The daughter of the claimant, who was an unmarried young lady aged 21 years at the time of the mishap, was subbed in the appeal.
• The High Court permitted the appeal and generously upgraded the remuneration.
• Due to the directions of the Supreme Court, the Insurance Company opposed that since origin of such an action was closely related to the injuries prior to his death, which remained as “not caused due to the accident”, the legal heir is authorized solely to such compensation.

RELEVANT SUBMISSIONS

• The Court said that the remuneration under the head injury wounds is impractical.
• Prohibiting repayment given under this head, the bench reconsidered the entire reimbursement as Rs.28,42,175/­-.

WHAT DO YOU THINK OF THIS CASE?