Deceased Cannot Waive Dependents' Right To Motor Accident Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a deceased person cannot relinquish the statutory right of his dependents to claim compensation under the Motor Vehicles Act, 1988.Justice Vivek Singh Thakur remarked that: “A person can relinquish his personal claim, but not the claim of other family members or dependents by swearing an affidavit or giving undertaking.”The appeal was filed under Section 173 of the Motor Vehicles Act, 1988 by the Union of India against the award passed by the Motor Accident Claims Tribunal, Mandi which granted compensation to the wife, mother, and children of the deceased Halku Ram, who died in a road accident.The deceased Halku Ram, was a chowkidar in the IPH Department and took a lift in a government tanker. However, the tanker rolled down a 30-metre gorge near Villing Nallah, resulting in fatal injuries of the deceased and later he succumbed to his injuries. It has been contended by union of India that the deceased voluntary took lift and had executed an affidavit stating that neither he nor his family would claim compensationHowever, the Motor Accident Claims Tribunal rejected the contention of Union of India and help that the affidavit was invalid and contrary to law as the accident had occurred to rash and negligent driver of the the tanker driver. Findings of the Motor Accident Claims Tribunal were upheld by the High Court, observing that the affidavit was never proved in accordance with law. The Court reiterated that “It has been reiterated that it is well settled that in the matter of insurance claim compensation in reference to the motor accident, the Court should not take hypertechnical approach and ensure that just compensation is awarded to the affected person or the claimants.”Thus, the High Court dismissed the appeal of Union of India and enhanced the compensation. Case Name: Union of India & Another v/s Kiran Bala and others Case No.: FAO (MVA) No.503 of 2015Date of Decision: 30.10.2025For the Appellants : Mr.Balram Sharma, Deputy Solicitor General of India with Mr.Rajiv Sharma, Advocate.For the Respondents : Mr.Vikas Rathore, Advocate, for respondents No. 1 to 4.Click Here To Read/Download Order

Deceased Cannot Waive Dependents' Right To Motor Accident Compensation: Himachal Pradesh High Court

Mehak Aggarwal

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