BENGALURU: Legal heirs of a person injured in a vehicle accident have the statutory right to claim compensation after his/her death, the Karnataka high court has said.
The HC made the observation while hearing a petition from relatives of court official M Basavarajappa, who was injured in an autorickshaw accident. The medical papers issued by McGann Hospital, Shivamogga, states that he had a fractured hip joint and socket and was hospitalised twice for more than 15 days and five days.
On July 19 last year, the Motor Accident Claims Tribunal awarded Rs 1.15 lakh as compensation. Unhappy with the amount, the claimant challenged the order, but died during pendency of the case. His family and legal representatives then fought his case.
Insurer New India Insurance Company said the appeal should close as the claimant had died while his case was yet to be settled. Rejecting the contention, Justice NS Sanjay Gowda directed the company to pay Rs 1.75 lakh with 6% interest to the legal representatives of Basavarajappa.
“In respect of a claim under the Motor Vehicles Act, the victim of a motor vehicle accident acquires a statutory right to claim compensation. This statutory right to claim compensation under a special enactment cannot be subjected to any limitations that would be imposed in respect of a claim under the general law,” the judge said.