Motor Vehicles Act, 1988 – Section 166, 167(5); Indian Succession Act, 1925 – Section 306 – This appeal was filed by the original claimant, who sustained injuries in a motor accident and later died, seeking enhanced compensation. The insurance company objected to the continuation of the appeal by the legal representatives, citing Section 306 of the Indian Succession Act, 1925, arguing that claims for personal injury abate upon the claimant’s death.
The court considered Section 167(5) of the Motor Vehicles Act, 1988, which explicitly states that the right to claim compensation for injury in an accident survives to the legal representatives, regardless of the cause of death. The court also considered the previous judgements of the Hon’ble Supreme Court, which held that even after 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.