Where Motor Accident Caused Trauma To Claimant's Heirs And There Is Nexus Between Accident And Death, Heirs Entitled to Compensation: Allahabad HC

In an appeal from a motor accident claim, the Allahabad High Court recently underscored the importance of ensuring the claimant(s) received the compensation they were entitled to in the event of a dispute between the owner of the vehicle that caused the accident and the insurer.To this end, the Bench of Justices Dr Kaushal Jayendra Thaker and Justice Ajit Singh emphasised that even the heirs of the claimant, once their status as heirs was established, would be entitled to claim compensation due to the original claimant. Relying on Surpal Singh Ladhubha Gohil v Raliyatbahen Mohanbhai Savlia it was stated,"The facts go to show that the claimant was under the constant treatment of doctors till the claimant survived therefore, it can safely be held that the accident caused lot of trauma both to the claimant as well his heirs. There is nexus between the death of the deceased and accidental injury. There is sufficient evidence to the effect that death of the deceased was due to development which took place due to resultant multiple injuries caused by the accident which would show that injuries were the root cause of the death. Therefore, heirs are entitled to compensation."What transpired in the case After the original claimant met with a motor accident in February 2005, he approached the Motor Accidents Claims Tribunal in September. Summons was accordingly in 2007 issued to the owner of the vehicle (though this was subsequently disputed). The Insurance Company filed one reply presented in 2009 denying liability after a request for an adjournment was made in 2008. In 2010, the Insurance Company was allowed to contest the proceedings. After this, the Tribunal passed an award in favour of the claimant. Since the owner did not present himself, the Tribunal concluded that the vehicle could not have neem insured on the date of the accident. Thereafter, the claimant took out execution proceedings against the owner in 2011. Notice was issued and unresponded to. After two years, when the tribunal passed an attachment warrant against him, the owner presented himself and challenged the Tribunal's award as ex-parte. He filed an application under Order 9 Rule 13 of C.P.C., contending that he was never served with any summons/notice and came to know of the proceedings only later. His vehicle was insured with respondent no 2 (Insurance Company) who would be liable to satisfy the decree, he averred. The Tribunal thereafter stayed the award and no further steps were taken. The claimant died during the pendency of the proceedings and his heirs argued that his death resulted from the injuries sustained in the accident. The Award was then set aside on the ground of the original claimant's demise. What the Court held The High Court reasoned that the decree could have been set aside in part, with the dispute between the owner of the vehicle and the insurance company decided as between themselves. The claimants ought to have been allowed their rightful compensation, the Court concluded. Therefore, the Court allowed the heirs of the claimant compensation of Rs 24 Lakhs along with interest amounting to 7.5% per annum from the date of the filing of the claim petition till the date of actual deposit. Importantly, the Court said – "The Tribunals in the State shall follow the direction of this Court as herein afore mentioned as far as disbursement is concerned, it should look into the condition of the litigant and the pendency of the matter… The same is to be applied looking to the facts of each case." The Bench its gratitude for the assistance of the Counsel who appeared in the case. Observations "It can be safely culled out from the record that the main purpose for filing the application under Order 9 Rule 13 C.P.C. by the owner was to see that the liability is mulcted on the Insurance Company and not on them. The decree could have been set aside in part namely qua issue of liability as it was a award which could be set aside in part there was definitely severable decree" The Court also narrated the facts of in Surpal Singh Ladhubha Gohil v Raliyatbahen Mohanbhai Savlia to demonstrate that heirs could be allowed the compensation that was due to the original claimants "The death of original claimant during pendency of claim petition his legal heirs being brought on record and where the Tribunal held that claimants would not be entitled to compensation since they have no right to continue the proceedings on the death of original claimant, since action for personal injury abates with the death of original claimant. The question whether maxim "actio personalis moritur cum persona" namely that personal right of action abates with the death of the person, can be imported to a social welfare legislation so as to deny the benefits to legal heirs of a deceased claimant, to the advantage of a wrong doer the High Court held that strict application of maxim "actio personlis...

Where Motor Accident Caused Trauma To Claimant's Heirs And There Is Nexus Between Accident And Death, Heirs Entitled to Compensation: Allahabad HC

LIVELAW NEWS NETWORK

Tags