Meena (Dead) Thr. Lrs vs Prayagraj

Non-Reportable

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No………..of 2025 (@Special Leave Petition (C) No.12187 of 2019)

MEENA (DEAD) REPRESENTED THR. LRs. APPELLANT(S) Versus PRAYAGRAJ & ORS. RESPONDENT(S) JUDGEMENT

K. VINOD CHANDRAN, J.

1. Leave granted.

2. The injured was the claimant before the Motor

Accidents Claims Tribunal, who died during the

pendency of this appeal on 25.01.2024. The husband and

the two daughters, who are the legal heirs of the original

claimant, have been substituted as the appellants.

3. An accident occurred on 04.06.2005, when the

injured was travelling in a bus. There was 100% Signature Not Verified

disability assessed by the doctor, who was examined Digitally signed by DEEPAK SINGH Date: 2025.07.14 15:48:06 IST Reason: Page 1 of 6 CA @ SLP (C) No. 12187 of 2019 before the Tribunal. Both the Tribunal and the High

Court has accepted the percentage of disability. The

original appellant (deceased), at the time of the accident

was 50 years old and accepting her monthly income as

Rs.3,000/-, a multiplier of 13 was applied and the total

loss of income was assessed as Rs.4,60,000/- by the

Tribunal. The Tribunal also awarded Rs.50,000/- for pain

and suffering and Rs.1,20,000/- for attendant charges;

computing the monthly expense at the rate of Rs.2,000/-

for five years. The actual bills produced for the medical

expenses comes to Rs.1,68,970/- and an additional

amount of Rs.50,000/- for nutritional and transportation

was granted, thus totaling Rs.8,56,970/-.

4. The High Court marginally enhanced the amount

by awarding Rs.50,000/- for pain and suffering and Rs.1

lakh each towards loss of amenities and for future

medical treatment. The appeal is filed to enhance the

compensation.

Page 2 of 6 CA @ SLP (C) No. 12187 of 2019

5. At the outset, the learned counsel for the claimants

relied on Oriental Insurance Company Limited v.

Kahlon @ Jasmail Singh Kahlon1 to impress upon us that

despite the death of the injured, the legal

representatives of the deceased can pursue the claim

since the property under the Act would have a much

wider connotation than the conventional definition and

would include the estate left behind by the deceased. It

was held 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 a property,

akin to estate of the injured, if the injured dies

subsequently. We see, absolutely no reason to differ

from the declaration of law and the insurer also raises no

objection on the same. We would consider the

enhancement sought by the original applicant, which if

granted before her death would have accrued to her

estate or rather compensated the loss of her estate;

1 (2022) 13 SCC 494

Page 3 of 6 CA @ SLP (C) No. 12187 of 2019 caused by reason of the accident, which the legal heirs

are entitled to succeed to.

6. The Tribunal and the High Court had adopted a

monthly income of Rs.3,000/- for the deceased, a

married woman who did not have a regular employment.

It was asserted before the Tribunal that she was carrying

on stitching and embroidery work, which the Tribunal

refused to accept, finding no evidence led.

7. We are also of the opinion that considering the fact

that the appellant (deceased) had survived almost 19

years in a vegetative state and there are medical bills

produced for treatment undergone subsequently, all of

which cannot be said to be a direct consequence of the

accident, there is scope for further enhancement. In any

event, an additional amount of Rs.1 lakh for future

treatment would suffice.

Page 4 of 6 CA @ SLP (C) No. 12187 of 2019

8. The total compensation would be as follows.

Sr. No. Heads Amount 1. Medical bills Rs.1,68,970/- 2. Special diet and Rs.50,000/- transport charges. 3. Pain and suffering Rs.1,00,000/- 4. Loss of amenities Rs.1,00,000/- 5. Future treatment Rs.2,00,000/- 6. Attendant charges Rs.1,20,000/- 7. Loss of income Rs.5,14,800/- 3000 x 110% x 12 x 13 Total Rs. 12,53,770/-

9. The remaining amount, after deducing the amount

which is already paid to the claimant shall be paid to the

legal heirs of the claimant (deceased) within a period of

two months, equally. The legal heirs of the claimant shall

provide the separate account details to the insurance

company to which accounts the insurance company shall

deposit the amount, online, as directed above within the

stipulated period with interest as directed by the

Tribunal.

Page 5 of 6 CA @ SLP (C) No. 12187 of 2019

10. The appeal is allowed with the above modification.

11. Pending applications, if any, shall stand disposed

of.

.……….……………………. J.

(SUDHANSHU DHULIA)

………….…………………. J.

(K. VINOD CHANDRAN)

NEW DELHI;

JULY 14, 2025.

Page 6 of 6 CA @ SLP (C) No. 12187 of 2019