BENGALURU: The legal heirs of a person injured in a vehicle accident have a statutory right to claim compensation after his death, Karnataka High Court Said.
HC made this observation while hearing a plea by relatives of court officer M Basavarajappawho was injured in the collision of the autorickshaw. Medical paper issued by McGann Hospital, shivamogastates that he had fractures in his hip joint and socket and was hospitalized twice for more than 15 days and five days.
Last year on July 19, Motor Accident Claims Tribunal 1.15 lakh was given as compensation. Unhappy with the amount, the claimant challenged the order, but he died while the case was pending. His family and legal representatives then fought his case.
Insurer New India Insurance Company said the appeal should be closed as the claimant had died while his case was yet to be settled. Justice dismissing the dispute NS Sanjay Gowda Directed the company to pay Rs 1.75 lakh along 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 enjoys a statutory right to claim compensation. This statutory right to claim compensation under a particular Act cannot be subject to any limitation which shall be levied in respect of the claim under common law,” the judge said.