Legal Representative under Motor Vehicles Act
A Bench of Justices of the Hon'ble Supreme Court of India in the instant case, Dhannalal Alias Dhanraj (Dead) Thr. LRs. vs. Nasir Khan and Ors. awarded compensation to the legal representative of the victim of motor vehicle accident after meticulous calculation. The injured victim lived for 11 years, after the cause of accident, in a vegetative state. The victim suffered total disability which disabled him to carry out any work or generate income.
The Hon’ble Apex Court adopted the method of multiplier of 25%
while granting compensation instead of 14% multiplier adopted by Tribunal and
the High Court.
The Court was of the view that the claimant’s life span was reduced by the injuries which rendered him disabled till his death after 11 years of accident occurrence. So the victim not being engaged in a regular employment is entitled to 25% multiplier, Court said.
The fact is that the original
claimant/victim filed an appeal before the Supreme Court for further
enhancement of compensation awarded by the Motor Accident Claim Tribunal which
was further enhanced by High Court of Madhya Pradesh.
Unfortunately the claimant/appellant
died during the pendency of the appeal in the year 2024 and consequently legal
heir / legal representative substituted themselves in place of the deceased
claimant/injured.
The Learned counsel for the insurance company in the instant
appeal raised objection in continuing the appeal merely because the deceased
claimant was substituted by his legal representative. The contention of respondent
insurance company was that since the claim is of personal injury, the
proceedings cannot be permitted to continue by legal representative according
to Section 306 of Indian Succession Act, 1925.
The Hon’ble Court then
referred to Sub-Section (5) to Section 167 of Motor Vehicle Act amended by Act
32 of 2019 which mentions that “ right to claim compensation for the injured
caused in a motor vehicle accident hence survives on the legal representative
of the injure even if the injured dies in the course of the proceedings for
reasons not relatable to or having any nexus with the injuries sustained.
Furthermore the Hon’ble Court was pleased to quote an extract from
the case of Kahlon @ Jasmail Singh Kahlon (Civil Appeal No. 2159 of 2004)
that “if the legal heirs can pursue claims in case of death, there is no reason
to prohibit the legal representatives to pursue claims for loss of property,
akin to estate of the injured, if the injured dies subsequently.
Therefore the Supreme Court awarded compensation of Rs.
20,37.095/- plus 9% interest accrued from the date of the filing of the claim
petition till the payment is made.
Coram: Justice K. Vinod Chandran and Justice N.V Anjaria
Date of Judgement : 26 September, 2025
0 Comments