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Meena (Dead) Thr. Lrs. v. Prayagraj & Ors.

Civil Appeal · 2025 INSC 820Decided 14 Jul 2025
Civil Appeal arising out of SLP(C) No. 12187 of 2019
Justice Sudhanshu Dhulia · Justice K. Vinod Chandran

Background

The original claimant was injured in a bus accident in 2005 and left 100% disabled; she died during the pendency of this appeal in 2024 and was substituted by her husband and two daughters as legal heirs. The Motor Accidents Claims Tribunal had awarded roughly Rs. 8.57 lakh in compensation based on an assumed monthly income of Rs. 3,000, which the High Court modestly enhanced. The appeal sought further enhancement of the compensation amount.

Decision Breakdown

The Supreme Court held that despite the claimant's death, her legal heirs could still pursue enhancement of compensation, since the right to claim compensation forms part of the deceased's estate, relying on its earlier ruling in Oriental Insurance Co. Ltd. v. Kahlon. Considering that the claimant had survived nearly 19 years in a vegetative state with ongoing medical expenses, the Court granted a further Rs. 1 lakh for future treatment and revised heads such as pain and suffering and loss of amenities, bringing the total compensation to Rs. 12,53,770. The Court directed the insurance company to pay the balance, after deducting amounts already paid, to the legal heirs within two months.

Lesson Learnt

The right to claim or pursue enhanced motor accident compensation survives the death of the injured claimant and passes to their legal heirs as part of the deceased's estate: a claim doesn't die with the claimant.

Official source (sci.gov.in)View Judgment (PDF)

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