Supreme Court of India · 2021-08-16
THE ORIENTAL INSURANCE COMPANY LIMITED vs KAHLON @ JASMAIL SINGH KAHLON (DECEASED) THROUGH HIS LEGAL REPRESENTATIVE NARINDER KAHLON GOSAKAN
- Citation / case number
- SC 2020/7071
- Court
- Supreme Court of India
- Petitioner
- THE ORIENTAL INSURANCE COMPANY LIMITED
- Respondent
- KAHLON @ JASMAIL SINGH KAHLON (DECEASED) THROUGH HIS LEGAL REPRESENTATIVE NARINDER KAHLON GOSAKAN
- Author
- HON'BLE MR. JUSTICE NAVIN SINHA
- Bench
- HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE NAVIN SINHA
Judgment text excerpt
The Supreme Court addressed the issue of whether a personal injury claim abates upon the death of the injured party when the death is not caused by the accident. The court held that the legal heir can pursue the claim for compensation, which includes losses that form part of the deceased's estate. The High Court's enhancement of the compensation awarded by the Motor Accidents Claims Tribunal was upheld, recognizing the rights of the legal representative to claim damages.