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 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.”