Case Note & Summary
The appeal was filed by the claimant in MVC No.1735/2011 before the Motor Accident Claims Tribunal, Hassan, seeking enhancement of compensation for injuries suffered in a motor accident. The claimant contended that the Tribunal had not considered her prayer for awarding compensation under the head of medical expenses, despite huge sums spent. During the pendency of the appeal, the claimant died on 17.02.2016, and her legal heirs were brought on record. The High Court, after hearing the parties, allowed the appeal and awarded an additional compensation of Rs. 1,00,000/- under the head of medical expenses, in addition to the compensation already awarded by the Tribunal. The court held that the claimant was entitled to the medical expenses incurred. The appeal was allowed in part, with no order as to costs.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Medical Expenses - The claimant sought enhancement of compensation for injuries suffered in a motor accident, contending that the Tribunal did not consider her prayer for medical expenses despite huge sums spent. The High Court allowed the appeal and awarded additional compensation of Rs. 1,00,000/- under the head of medical expenses, holding that the claimant was entitled to the same. (Paras 1-3)
B) Motor Accident Claims - Death of Claimant - Legal Heirs - The claimant died during the pendency of the appeal on 17.02.2016. The legal heirs were brought on record and the appeal was pursued. The court did not discuss the effect of death on the claim but proceeded to decide the appeal on merits. (Para 2)
Issue of Consideration
Whether the claimant is entitled to enhanced compensation, particularly under the head of medical expenses, and whether the legal heirs can pursue the appeal after the claimant's death.
Final Decision
The appeal is allowed in part. The appellant is entitled to an additional compensation of Rs. 1,00,000/- under the head of medical expenses, in addition to the compensation already awarded by the Tribunal. The respondent insurance company is directed to deposit the enhanced compensation with interest at 6% per annum from the date of petition till deposit. No order as to costs.
Law Points
- Motor Accident Claims
- Compensation Enhancement
- Medical Expenses
- Death of Claimant
- Legal Heirs
- Section 173(1) Motor Vehicles Act
- 1988
Case Details
2019 LawText (KAR) (11) 37
M.F.A.No.3525/2013 (MV-I)
S.N. Satyanarayana, Sachin Shankar Magadum
Sri B.M. Mohan Kumar (for appellant), Sri A.N. Krishnaswamy (for respondent 2)
Lakshmamma @ Lakkamma (since dead, represented by LRs Javaraiah and Rangaswamy)
B.E. Natesh Kumar and The Manager, The Oriental Insurance Co. Ltd.
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Nature of Litigation
Appeal under Section 173(1) of Motor Vehicles Act, 1988 against judgment and award of MACT, Hassan, seeking enhancement of compensation for injuries suffered in a motor accident.
Remedy Sought
Enhancement of compensation, particularly under the head of medical expenses.
Filing Reason
Claimant was dissatisfied with the compensation awarded by the Tribunal and contended that medical expenses were not considered.
Previous Decisions
The Tribunal partly allowed the claim petition in MVC No.1735/2011 on 28.05.2012.
Issues
Whether the claimant is entitled to enhanced compensation under the head of medical expenses?
Whether the legal heirs can pursue the appeal after the death of the claimant?
Submissions/Arguments
Appellant contended that the Tribunal did not consider her prayer for awarding compensation under the head of medical expenses, though huge sum was spent.
Respondent insurance company opposed the appeal.
Ratio Decidendi
The claimant is entitled to compensation for medical expenses incurred due to injuries in a motor accident, and the Tribunal's failure to consider the same warrants enhancement. The death of the claimant during pendency does not bar the legal heirs from pursuing the appeal for the medical expenses incurred.
Judgment Excerpts
This appeal is by the claimant in MVC.No.1735/2011 on the file of the Motor Accident Claims Tribunal, Hassan (for short ‘the Tribunal’).
Admittedly, the appellant, who was claimant before the Tribunal had come up in this appeal seeking enhancement of compensation for the injuries suffered in the accident. Also contending that the Tribunal has not considered her prayer for awarding compensation under the head medical expenses.
In the meanwhile, the appellant has died on 17.2.2016.
Procedural History
The claimant filed MVC No.1735/2011 before the MACT, Hassan, which was partly allowed on 28.05.2012. Aggrieved, the claimant filed MFA No.3525/2013 before the High Court. During pendency, the claimant died on 17.02.2016, and legal heirs were brought on record. The appeal was heard and disposed of on 28.11.2019.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173(1)
