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Claims for loss of estate can be pursued by legal representatives of deceased

In The Oriental Insurance Company Limited vs Kahlon @ Jasmail Singh Kahlon (deceased) Through His Legal Representative Narinder Kahlon Gosakan And Another, appeal was filed before the Supreme Court against the order of the High Court.

"The facts of the case in a nutshell are that the original claimant was severely injured in a motor accident on 02.05.1999. He filed a claim for compensation under Section 166(1)(a) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The Motor Accidents Claims Tribunal on 02.11.2006 awarded him a sum of Rs.1,00,000/- only with 9% interest. Dissatisfied, the original claimant preferred an appeal before the High Court. Unfortunately, he was deceased on 06.11.2015 during the pendency of the appeal, not attributed to the injuries suffered in the accident. The daughter of the claimant, who was an unmarried girl aged 21 years at the time of the accident, was substituted in the appeal. The High Court substantially enhanced the compensation. 

Learned counsel on behalf of the appellant, submitted that the cause of action being personal to the injured abates on his death, which was not caused due to the accident. The legal heir is entitled only to such compensation which forms part of the estate of the deceased. Loss of salary, future prospects, pain and suffering along with attendant charges do not form part of the estate of the deceased. The compensation could not have been fixed by application of multiplier as it was not a case of death caused or occasioned by or due to the accident. The amount awarded by the Tribunal would alone form part of the estate of the deceased. The respondent being a married daughter is not entitled to any claim for any other loss of estate of the deceased as she was not dependent on the deceased. It is lastly submitted that the High Court has erred in not deducting 1/3rd of the compensation amount towards personal expenses by the deceased.

Referring to judgements in Umedchand Golcha vs. Dayaram and Others, 2002(1) MPLJ 249, Venkatesan vs. Kasthuri, 2014 ACJ 1621.  Maimuna Begum and others vs. Taju and Others, 1989 MhLJ 352 and Surpal Singh Ladhubha Gohil vs. Raliyatbahen Mohanbhai Savlia and Ors., the SC observed that the Act is a beneficial and welfare legislation. Section 166(1) (a) of the Act provides for a statutory claim for compensation arising out of an accident by the person who has sustained the injury. Under Clause (b), compensation is payable to the owner of the property. In case of death, the legal representatives of the deceased can pursue the claim. Property, under the Act, will have a much wider connotation than the conventional definition. If the legal heirs can pursue claims in case of death, we see no reason why the legal representatives cannot pursue claims for loss of property akin to estate of the injured if he is deceased subsequently for reasons other than attributable to the accident or injuries under Clause 1(c) of Section 166. Such a claim would be completely distinct from personal injuries to the claimant and which may not be the cause of death. Such claims of personal injuries would undoubtedly abate with the death of the injured. What would the loss of estate mean and what items would be covered by it are issues which has to engage our attention. The appellant has a statutory obligation to pay compensation in motor accident claim cases. This obligation cannot be evaded behind the defence that it was available only for personal injuries and abates on his death irrespective of the loss caused to the estate of the deceased because of the injuries.



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